In re the Probate of a Paper Propounded as Last Will & Testament of Turner
Appellate Division of the Supreme Court of the State of New York
Appeal by Robert L. Turner and another from a decree of the Surrogate’s Court of the county of New York, entered"in said Surrogate’s Court on the 8th day of July, 1910, admitting to probate a paper propounded as the last will and testament of Matilda Turner, deceased, and construing certain parts thereof.
1Dissent
Miller, J. (dissenting)
Construing this instrument in the light of the surrounding circumstances, the situation of the testatrix and of her family, and the nature of her estate, it is certain that she intended to dispose of her six leaseholds, giving three to her two daughters and three to' her three sons. She intended to give particular houses to each of her daughters, for she specified which each Was to have. She intended to give Nos. 325, 327 and 329 Ninth avenue to her three sons, for those were the only, ones she had, except those given to the daughters. Plainly she did not intend to give…
2Cases cited3 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Lytle v. . BeveridgeNew York Court of Appeals · 1874
- Gallavan v. GallavanAppellate Division of the Supreme Court of the State of New York · 1901