Legal Opinion

In re the Accounting of "Westill"

New York Surrogate's Court

Decided March 3, 1958PublishedCited by 1 opinion

1Opinion of the Court

John C. Boylan, S.

In this contested accounting proceeding a construction of the will is necessary to determine what person or persons to whom the assets of the estate are distributable.

On April 21,1948 the testatrix drafted her own will and codicil. She died on January 26, 1956 survived by two infant grandchildren. One of the provisions of the will was “ My jewelry will go to my daughter, other personal belongings will be disposed of according to the wishes of my daughter and ‘ Alphonse Westill ’ ”. The daughter predeceased the testatrix. No problem arises as to the jewelry. The disposition…

2Cases cited14 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. Schettler v. . SmithNew York Court of Appeals · 1869
  3. Williams v. . WilliamsNew York Court of Appeals · 1853
  4. Phelps' v. . PondNew York Court of Appeals · 1861
  5. Van Nostrand v. . MooreNew York Court of Appeals · 1873

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3Cited by1 opinion

  1. In re the Accounting of BridgmanNew York Surrogate's Court · 1960

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