Dwight v. Fancher
New York Court of Appeals
1Per curiam
Evidence of extrinsic circumstances may sometimes assist the court in the construction of language which a testator has used to express his testamentary intention; but here the language of the will, even when read in the light of extrinsic circumstances, admits of but one construction. Parol evidence is not admissible to show that the testatrix did not mean what she has said in words, though these words may have been chosen by the attorney who drafted the will rather than by the testatrix. (Reynolds v. Robinson, 82 N. Y. 103.) We do not pass upon the question of whether the attorney was a…
2Cases cited1 opinion
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
3Cited by48 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In re PetersenNew York Surrogate's Court · 1929
- Manion v. Peoples Bank of JohnstownNew York Court of Appeals · 1944
- In re the Estate of IttlesonNew York Surrogate's Court · 1950
- In re the Estate of WatsonNew York Surrogate's Court · 1932
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