In re the Construction of the Last Will & Testament of Wing
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum. The testator had the right to bequeath six-sevenths of his bank balances to specified legatees, leaving one-seventh thereof to be added to his residuary estate. The court may not, upon the ground that he made a mistake and intended to give all of the bank balances to the specified legatees, change the clear j and unambiguous language of the will so that the portions definitely specified as sevenths shall be changed to sixths. (Union Trust Co. v. Boardman, 215 App. Div.; 73; affd., 246 N. Y. 627; Matter of Watson, 262 id. 284.) The fact that the first clause of the will directs…
2Cases cited2 opinions
- In re the Estate of BatesNew York Surrogate's Court · 1934
- Union Trust Company of Rochester v. BoardmanNew York Court of Appeals · 1927