Legal Opinion

In re the Probate of the Will of Meng

New York Surrogate's Court

Decided February 5, 1952Published

1Opinion of the Court

Wither, S.

In this probate proceeding petitioner has also requested construction of the will to determine whether a child adopted by the testator and his wife after the execution of this will is entitled, under section 26 of the Decedent Estate Law, to take his intestate share of the estate. The will was made in the year 1932, and by it the testator devised and bequeathed his entire estate to his wife, the proponent. He added the following *590provision: “ This devise and bequest is made notwithstanding any children which may be hereafter born to us.” No children were ever born to the testator and…

2Cases cited12 opinions

  1. In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
  2. McLean v. . McLeanNew York Court of Appeals · 1913
  3. Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918
  4. Bourne v. . DorneyNew York Court of Appeals · 1919
  5. In re the Estate of GuilmartinNew York Surrogate's Court · 1935

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