Legal Opinion
Lesser v. Lesser
The Superior Court of the City of New York and Buffalo
Decided January 15, 1895PublishedCited by 1 opinion
Action by Tilly Lesser, as executrix and trustee, against Caroline Lesser and others, by guardian, to construe a will.
1Opinion of the CourtMcADAM, J.
There is sufficient in the will to authorize the court to give it a judicial construction. The axiomatic rule is that effect must be given to each and every part of a will and to the testator’s intention, which, when ascertained, must control. That the testator intended his executrix might sell the realty is evidenced by these words;
“I hereby consent to the partition, upon the consent of my executrix, Tillie Siegel, and sale of any and all realty in which I may have any hereditary interest; said interest being acquired from Leopold Siegel.”
*168Whatever realty the testator died possessed of was…
2Cases cited4 opinions
- Stimson v. . VromanNew York Court of Appeals · 1885
- Dorland v. DorlandNew York Supreme Court · 1847
- Riker v. . LeoNew York Court of Appeals · 1889
- Weeks v. WeeksThe Superior Court of New York City · 1885
3Cited by1 opinion
- Lawrence v. BarberWisconsin Supreme Court · 1903