Legal Opinion

In re the Estate of Karstens

New York Surrogate's Court

Decided November 15, 1938PublishedCited by 2 opinions

1Opinion of the Court

Delehanty, S.

On this account proceeding a construction of the testamentary instruments of deceased is sought in order to *843determine whether a gift to Nellie Schofield in the second codicil to the will is in substitution of or in addition to the gift of similar amount made to her in the fifth paragraph of the will. The question is one which must be determined from the instruments themselves. The sole guide to a right decision is the expressed intent of the testatrix.

While it has been said more or less as a matter of routine that the repetition of a gift of the same amount in the same instrument…

2Cases cited3 opinions

  1. Dewitt v. YatesNew York Supreme Court · 1813
  2. Southgate v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Southgate v. Continental Trust Co.New York Supreme Court · 1901

3Cited by2 opinions

  1. In re the Estate of NeillNew York Surrogate's Court · 1941
  2. In re the Accounting of BridgmanNew York Surrogate's Court · 1960

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