Matter of Pulis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 15, 1916, which affirmed an order of Special Term directing the distribution of the proceeds of certain real property. William J. Pulis died on the 22d of May, 1881, leaving a will which was duly admitted to probate.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 15, 1916, which affirmed an order of Special Term directing the distribution of the proceeds of certain real property. William J. Pulis died on the 22d of May, 1881, leaving a will which was duly admitted to probate. It is as follows: “After paying all my lawful debts and funeral expenses, I give and bequeath to my sons-in-law, John H. Bogart and James Eemsen, each the interest of Five hundred dollars during the term of his natural life, and I direct my executors to place the…
1Opinion of the CourtChase, J.
The intention of a testator as disclosed by his will and in the light of the circumstances surround ing him at the time it was made should, so far as consistent with the rules of law, control the courts in construing it.
It is, as has been said so many times, the cardinal rule in the construction of wills that the intention of the testator should be ascertained if possible.
If the intention of the testator is ascertained with reasonable certainty and the provisions of the will are valid it is quite unnecessary to discuss the decisions made in other cases. (Cammann v. Bailey, 210 N. Y. 19.)
A…
2Cases cited8 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- Robinson v. . MartinNew York Court of Appeals · 1910
- Cammann v. . BaileyNew York Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- In re Will of LarkinNew York Court of Appeals · 1961
- In re the Accounting of LambAppellate Division of the Supreme Court of the State of New York · 1918
- In Re the Accounting of BarryNew York Court of Appeals · 1949
- In re Construction of the Will of GulbenkianNew York Court of Appeals · 1961
- In re the Judicial Settlement of the Account of Waterbury Trust Co.New York Surrogate's Court · 1927
39 more not listed; retrieve them via the Exa API.