Legal Opinion

Lesser v. Lesser

The Superior Court of New York City

Decided January 15, 1895Published

Bill filed by executrix for construction of will.

1Opinion of the CourtMoAdam, J.

There is sufficient in the will to authorize the court to give it a judicial construction.

The axiomatic rule is, that effect must be given to each and every part of a will and to the testator’s intention, which, when ascertained, must control. That the testator intended his executrix might sell the realty is evidenced by these words : “I hereby consent to the partition, upon the consent of my executrix Tillin' Siegel, and sale of any and all realty in which I may have any hereditary interest, said interest being acquired from Leopold Siegel.” Whatever realty the testator died possessed of was…

2Cases cited4 opinions

  1. Stimson v. . VromanNew York Court of Appeals · 1885
  2. Dorland v. DorlandNew York Supreme Court · 1847
  3. Riker v. . LeoNew York Court of Appeals · 1889
  4. Weeks v. WeeksThe Superior Court of New York City · 1885

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