Legal Opinion

In re Selner

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

Decided April 14, 1941PublishedCited by 56 opinions

1Opinion of the CourtCarswell, J.

In a proceeding inter alia to construe the will of Gustave Seiner, deceased, it has been held that he died intestate as to the corpus of the residuary estate. The administrator of the estate of his son Henry appeals and asserts that the corpus was bequeathed by implication to the testator’s three sons.

The will contains four numbered paragraphs. The first paragraph directs the payment of debts and makes a nominal bequest to each of the testator’s three sons. The second paragraph bequeaths and devises the residue of the estate to the three sons, in trust, with a direction that the testator’s…

2Cases cited3 opinions

  1. Post v. . HoverNew York Court of Appeals · 1865
  2. Masterson v. . TownshendNew York Court of Appeals · 1890
  3. Dreyer v. . ReismanNew York Court of Appeals · 1911

3Cited by56 opinions

  1. In re the Estate of ThallNew York Court of Appeals · 1966
  2. Matter of BieleyNew York Court of Appeals · 1998
  3. In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
  4. In re the Estate of D'AllesandroNew York Surrogate's Court · 1968
  5. In re the Accounting of Manufacturers & Traders Trust Co.Appellate Division of the Supreme Court of the State of New York · 1953

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