Legal Opinion

In re the Construction of the Will of Miller

New York Surrogate's Court

Decided October 8, 1951PublishedCited by 5 opinions

1Opinion of the Court

Wither, S.

Construction is sought herein of the effect of a provision in the second codicil which revokes three residuary legacies contained in the original will, but which fails to mention the first codicil in which two of said three residuary legacies had previously been revoked and wherein the testatrix had substituted in lieu thereof general legacies of $1,000 each. The will was made on May 21, 1942, the first codicil on August 7, 1948, and the second codicil four months later on December 8, 1948. All of these instruments were drafted by testatrix’ *280attorney. It is apparent that the first…

2Cases cited13 opinions

  1. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  2. Tillman v. . OgrenNew York Court of Appeals · 1920
  3. Post v. . HoverNew York Court of Appeals · 1865
  4. Bradhurst v. . FieldNew York Court of Appeals · 1892
  5. Banzer v. . BanzerNew York Court of Appeals · 1898

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3Cited by5 opinions

  1. In re the Accounting of WeinbergNew York Surrogate's Court · 1957
  2. In re the Construction of the Last Will of OsherNew York Surrogate's Court · 1977
  3. In re the Estate of GrantNew York Surrogate's Court · 1972
  4. Mary H. Remon and Ruth R. Wenzel v. American Security and Trust Company, Estate of John Allen Remon, DeceasedCourt of Appeals for the D.C. Circuit · 1961
  5. In re the Probate of the Will of LawNew York Surrogate's Court · 1957

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