In re the Construction of the Will of Morganstern
New York Surrogate's Court
On the probate of the will in this matter, the special guardian of three minor children of the testator, born after the making of his; last will, asked for a construction of the will in so far as their interests were affected by that fact. There were also three children living at the date of the making of the will.
Read the full summary
On the probate of the will in this matter, the special guardian of three minor children of the testator, born after the making of his; last will, asked for a construction of the will in so far as their interests were affected by that fact. There were also three children living at the date of the making of the will. The testator, after expressing his full confidence in the judgment and capacity of his wife for the management of property, of her love for their children, and that she would do the same full justice to them in the distribution of the estate as he would do, in view of these…
1Opinion of the Court
Confín, S.
The facts that only three children were in existence at the making of the will, and that three were born subsequently, are conceded. It is, therefore, claimed by the special guardian that, under the provisions of 2 Revised Statutes, 65, *118sec. 49', as am'ended by the Laws of 1869, chap. 22, that the father died intestate as to these after-born children. It is well settled that a testamentary disposition to a class include® every person answering the description at the testator’s death. That is construed by the courts to be the testator’s intention, and they are thus deemed to be…
2Cases cited1 opinion
- In re Shrader's WillNew York Supreme Court · 1892
3Cited by3 opinions
- In re the Estate of DoolingNew York Surrogate's Court · 1936
- In re the Estate of CatlinNew York Surrogate's Court · 1915
- In re the Proceedings for the Probate of the Will of DavisNew York Surrogate's Court · 1908