Legal Opinion

In re the Construction of the Last Will & Testament of Wing

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

Decided November 5, 1937Published

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

  1. In re the Estate of BatesNew York Surrogate's Court · 1934
  2. Union Trust Company of Rochester v. BoardmanNew York Court of Appeals · 1927

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