Legal Opinion

In re the Application for a Construction of the Last Will & Testament of Werle

New York Surrogate's Court

Decided July 15, 1915PublishedCited by 6 opinions

Proceedings under section 2615, Code of Civil Procedure, for the construction of a will.

1Opinion of the Court

Schulz, S.

This is a proceeding brought upon the petition of the executor named in the last will and testament of the decedent to obtain a construction of the latter’s last will and testament pursuant to the provisions of section 2615 of the Code of Civil Procedure. The particular portion of the will as to which he requests the determination of the court is contained in paragraphs “ First ” and “ Second ” thereof.

Paragraph “ First ” is as follows:

“ First. After my lawful debts are paid, I give and bequeath to Mrs. Marion K. Hawes, of Lyndhurst, in the State of Hew Jersey, fifteen shares of…

2Cases cited46 opinions

  1. Jones v. HabershamSupreme Court of the United States · 1883
  2. Tifft v. . PorterNew York Court of Appeals · 1853
  3. Williams v. . JonesNew York Court of Appeals · 1901
  4. Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
  5. Sullivan v. GarescheSupreme Court of Missouri · 1910

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3Cited by6 opinions

  1. In re the Estate of FreemanNew York Surrogate's Court · 1931
  2. In re the Estate of BarryNew York Surrogate's Court · 1930
  3. In re the Judicial Settlement of the Account of Proceedings EvansNew York Surrogate's Court · 1918
  4. In re Franklin Trust Co.New York Surrogate's Court · 1916
  5. In re the Construction of the Will of HardenberghNew York Surrogate's Court · 1953

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