In re Reynolds
New York Surrogate's Court
Proceeding for the judicial construction of the 1st paragraph of the last will and testament of Amanda C. Reynolds, deceased, under section 2615 of the Code of Civil Procedure.
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Proceeding for the judicial construction of the 1st paragraph of the last will and testament of Amanda C. Reynolds, deceased, under section 2615 of the Code of Civil Procedure. The testatrix, Amanda C. Reynolds, died a resident of the town of Roxbury in the county df Delaware on or about the 29th day of November, 1914. Her last will and testament was duly admitted to probate by the Surrogate’s Court of the county of Delaware on the 15th day of February, 1915. Amanda C. Reynolds was survived by two sons, Charles F. Reynolds and William E. Reynolds, both of whom were named as executors of said…
1Opinion of the Court
McNaught, S.
In proceedings involving the con-
struction of wills certain fundamental principles must always prevail. The manifest intention of the testator and not any rule of construction must govern when they come in conflict. Miller v. Gilbert, 144 N. Y. 68; Matter of James, 146 id. 78.
All rules are subordinate to the primary canon of construction that the intent to be collected from the whole will must prevail. Matter of Brown, 154 N. Y. 313; Goebel v. Wolf, 113 id. 405.
It is also a presumption in the construction of wills that the testator did not intend to die intestate as to any portion…
2Cases cited12 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Schult v. . MollNew York Court of Appeals · 1892
- Miller v. . GilbertNew York Court of Appeals · 1894
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3Cited by5 opinions
- In re the Will of SteinhauserNew York Surrogate's Court · 1945
- In re the Estate of CornishNew York Surrogate's Court · 1940
- In re the Judicial Settlement of the Account of RonnerNew York Surrogate's Court · 1921
- In re the Estate of BartletNew York Surrogate's Court · 1921
- In re the Estate of GoldbergNew York Surrogate's Court · 1927