In Re the Probate of the Will of Disney
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1907, which affirmed a decree of the Mew York County Surrogate’s Court admitting to prohate and construing the will of John A. Disney, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1907, which affirmed a decree of the Mew York County Surrogate’s Court admitting to prohate and construing the will of John A. Disney, deceased. The facts, so far as material, are stated in the opinion. The legacy bequeathed to Mary E. Disney by paragraph “ Second” of the will lapsed by reason of her dying in the lifetime of the testator and became part of the residuary estate. (Mowatt v. Carow, 7 Paige, 328; Bishop v. Bishop, 4 Hill, 138; Van Beuren v. Dash, 30 N. Y. 393;…
1Opinion of the CourtHaight, J.
John A. Disney died unmarried and without issue, leaving him surviving brothers and sisters and descendants of a deceased brother and sister as his heirs at law and next of kin. He left a last will and testament, which was presented for probate, with a request by interested parties that its provisions be construed. The only question brought up for review has reference to the construction placed upon the seventh clause of the will. It is as follows: “ All the rest, residue and remainder of my estate, of every kind and nature whatsoever, I do give, devise and bequeath to my mother, Mary E.…
2Cited by24 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- In re the Estate of BarrettNew York Surrogate's Court · 1931
- In Re the Construction of the Will of MaybaumNew York Court of Appeals · 1947
- Ewart v. DalbySupreme Court of Missouri · 1928
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