Legal Opinion
In re the Construction of the Will of Smith
New York Surrogate's Court
Decided January 22, 1958PublishedCited by 1 opinion
1Opinion of the Court
John D. Bennett, S.
The court reaches its conclusion with great reluctance and only because clear alternatives do not pxesent themselves in the testimony. This much is certain: The executor, an attorney, has disregarded the desire of the decedent, his mother, expressed in the will to “ always provide a home ” for his brothers and sister. All the more disturbing is the fact that the draftsman of the will is this same executor who receives by the will what his mother apparently regarded as her entire estate, the family residence.
The executor, James E. Smith, seeks a construction of the…
2Cases cited18 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Tillman v. . OgrenNew York Court of Appeals · 1920
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- In Re the Will of PutnamNew York Court of Appeals · 1931
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3Cited by1 opinion
- In re the Estate of MucciniNew York Surrogate's Court · 1983