Legal Opinion

In re the Construction of the Will of Atkinson

New York Surrogate's Court

Decided October 30, 1956PublishedCited by 1 opinion

1Opinion of the Court

Edgar F. Hazleton, S.

The questions propounded by the executors and trustees under the last will and testament of James K. Atkinson, also known as James A. Kealhofer, deceased, in this construction proceeding are answered as follows:

Question 1(a) and 1(b). The devises of Suffolk County real property to Grace V. Schmidt are limited to the parcels specifically described in the recorded deeds mentioned by the testator in paragraphs “ fourth ” and “ fifth ” of the will. In identifying and referring to these deeds' as the particular property he wished to devise, testator’s intent is clear. .His…

2Cases cited13 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. Baer v. HendricksNew York Court of Appeals · 1895
  3. In Re the Accounting of CraneNew York Court of Appeals · 1900
  4. In Re the Accounting of PhippsNew York Court of Appeals · 1948
  5. Riker v. . CornwellNew York Court of Appeals · 1889

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3Cited by1 opinion

  1. In re the Estate of VolckeningNew York Surrogate's Court · 1972

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