Karstens v. Karstens
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Karstens, as trustee under the last will and testament of Gerhard II. Karstens, deceased, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York, upon the decision of the court rendered after a trial at the New York Special Term, construing the last will and testament of Gerhard H. Karstens, deceased, as provides: “ It is ordered, adjudged and decreed that, under…
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Appeal by the plaintiff, Henry Karstens, as trustee under the last will and testament of Gerhard II. Karstens, deceased, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York, upon the decision of the court rendered after a trial at the New York Special Term, construing the last will and testament of Gerhard H. Karstens, deceased, as provides: “ It is ordered, adjudged and decreed that, under the will of the said Gerhard H. Karstens, deceased, Henry Karstens, son of testator, became possessed of a vested…
1Opinion of the Court
Van Brunt, P. J.:
We might very well base our affirmance of the judgment appealed from upon the very satisfactory opinion of the court below ;* but we *234think that a .consideration adverted to in this opinion is not given adequate weight in the construction of the will in question. A will is always to be construed so as to give effect to the general intention of the testator as expressed in the whole instrument; and the court may transpose words and phrases, and read its provisions in an order different from that in which they appear in the instrument, and insert or leave out provisions, if…
2Cases cited7 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Davie v. BriggsSupreme Court of the United States · 1878
- Shipman v. . RollinsNew York Court of Appeals · 1885
- In Re the Judicial Settlement of the Accounts of YoungNew York Court of Appeals · 1895
- King v. PaddockNew York Supreme Court · 1820
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Walter v. HamAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Accounting of RuegeNew York Surrogate's Court · 1950
- In re the Estate of FeehanNew York Surrogate's Court · 1932
- Kuhlbarsch v. SauterNew York Supreme Court · 1939
4 more not listed; retrieve them via the Exa API.