Legal Opinion
In re the Construction of the Last Will & Testament of Purdy
New York Surrogate's Court
Decided December 4, 1928PublishedCited by 8 opinions
1Opinion of the Court
Slater, S.
The will of the decedent has recently been probated. The petition for probate asked for the construction of the 8th, 9th, 10th and 11th paragraphs of the will. The question presented is this: Are the gifts vested or contingent?
The object of the court is to ascertain not the intention simply, but the expressed intention of the testator; the intention which the will itself, either expressly or by implication, declares, and to give effect to the legal consequences of that intention when ascertained. (Matter of Silsby, 229 N. Y. 396, 402.)
The will was drawn by a prominent and learned…
2Cases cited9 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- Hersee v. . SimpsonNew York Court of Appeals · 1897
- Sawyer v. . CubbyNew York Court of Appeals · 1895
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1928
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Abex Corp. v. VehlingIndiana Court of Appeals · 1983
- In re FarkouhNew York Surrogate's Court · 1929
- In re the Final Judicial Settlement of the Account of Proceedings of PeckNew York Surrogate's Court · 1928
- In re GargiuloNew York Surrogate's Court · 1929
- In re the Construction of the Will of KentNew York Surrogate's Court · 1959
3 more not listed; retrieve them via the Exa API.