Legal Opinion

In re the Accounting of Fisk

New York Surrogate's Court

Decided December 19, 1952Published

1Opinion of the Court

Wither, S.

Petitioner asks the court to construe paragraph “ Second ” of testatrix’ will which reads as follows: “ I givé, devise and bequeath to Lottie E. Filkins, widow of my deceased brother Clarence G. Filkins, whatever automobile I may own at the time of my decease and my residence where I now reside, including all of the land and outbuildings as well as all furniture, household furnishings and housekeeping appliances in the house, and I direct that she shall have the right to use and occupy said premises immediately upon my death. This bequest and devise, however, are made expressly…

2Cases cited9 opinions

  1. Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
  2. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  3. In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
  4. In re the Estate of HowellsNew York Surrogate's Court · 1932
  5. In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949

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