Legal Opinion
In re the Construction of the Will of Behn
New York Surrogate's Court
Decided May 31, 1951PublishedCited by 4 opinions
1Opinion of the Court
Collins, S.
The questions raised in this proceeding for a construction of the will are disposed of as follows:(1) In this unusual will knowledge of the facts and circumstances surrounding its execution was essential to the ascertainment of the true intention of the testator. Accordingly the court holds that extrinsic evidence was admissible. (Matter of Smith, 254 N. Y. 283; Matter of Hertzig, 177 Misc. 598; Matter of Baker, 174 Misc. 93.)(2) It appears that the testator and his brother, the legal life tenant, had an understanding that the survivor of them would untangle, salvage and liquidate…
2Cases cited19 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Robert v. . CorningNew York Court of Appeals · 1882
- Oliver v. WellsNew York Court of Appeals · 1930
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3Cited by4 opinions
- Estate of Hoenig v. CommissionerUnited States Tax Court · 1976
- In re the Estate of PomeroyNew York Surrogate's Court · 1973
- Estate of Hoenig v. CommissionerUnited States Tax Court · 1976
- Estate of Patterson v. CommissionerUnited States Tax Court · 1983