Legal Opinion

In re Proving the Last Will & Testament of Raab

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 3 opinions

Appeal by the proponent, Charles Herrlich, who is also the residuary legatee and executor named in the last will and testament of Rosa Raab, deceased, from so much of a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 27th day of May, 1898, as adjudges “that the intention of the testatrix in making the disposition contained in the will by which she gives her residuary estate to Charles Herrlich was merely to devote so much…

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Appeal by the proponent, Charles Herrlich, who is also the residuary legatee and executor named in the last will and testament of Rosa Raab, deceased, from so much of a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 27th day of May, 1898, as adjudges “that the intention of the testatrix in making the disposition contained in the will by which she gives her residuary estate to Charles Herrlich was merely to devote so much of the funds or property affected by the disposition as are properly applicable thereto, to the care of her. burial plot,…

1Opinion of the Court

Rumsey, J.:

Rosa Raab died on the 1st of May, 1897. Her will was presented for probate soon after, and on the 27th. of May, 1898, a decree of the surrogate was made admitting it to probate and construing its residuary clause. From so much of the decree as contains the construction of that clause, the executor,.who was the proponent, appeals.

In her will, Mrs. Raab made two bequests, and then follows the residuary clause, which is the one in dispute and which reads thus: “ All the rest, residue and remainder, consisting of moneys deposited by me in the Citizens’ Savings, Bank,. Bowery Savings…

2Cases cited4 opinions

  1. Holland v. . AlcockNew York Court of Appeals · 1888
  2. Greene v. . GreeneNew York Court of Appeals · 1891
  3. Cunningham v. . ParkerNew York Court of Appeals · 1895
  4. Fairchild v. EdsonNew York Supreme Court · 1894

3Cited by3 opinions

  1. In re Proving the Last Will & Testament of PerazaNew York Surrogate's Court · 1911
  2. Campbell v. Christ Protestant Episcopal Church of WellsburgCalifornia Court of Appeal · 1971
  3. In re the Probate of the Will of MurrayNew York Surrogate's Court · 1901

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