Legal Opinion
In re the Estate of Shear
New York Surrogate's Court
Decided October 22, 1935PublishedCited by 2 opinions
1Opinion of the Court
Baker, S.
This is an application for construction of certain portions of the will of John W. Shear, deceased.
The office of the court in any proceeding for testamentary construction is two-fold, as was pointed out in Matter of Costello (147 Misc. 629). The primary object in such a proceeding is to ascertain the intention of testator, and when this has been determined the court must adjudicate the legal effect and consequences of the directions as there interpreted. The testator, not the court, must make a disposition of bis property. All the latter can do is, so far as legal rules permit, to…
2Cases cited21 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Matter of DurandNew York Court of Appeals · 1928
- In Re the Will of BumpNew York Court of Appeals · 1922
- In Re the Accounting of KingNew York Court of Appeals · 1910
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3Cited by2 opinions
- In re the Construction of the Will of WuppermannNew York Surrogate's Court · 1949
- In re the Will of LangendorferNew York Surrogate's Court · 1944