In re Proving the Last Will of Sohn
New York Surrogate's Court
Probate of will.' Mary Sohn, a daughter of the testator, filed objections to the probate of his will, but upon the hearing withdrew the objections to the probate, but demanded that the will be construed to be an effectual disposition of the real and personal property of the testator only for the life of Caroline Sohn, testator’s wife; that only a life estate is created by the will, and that as to the remainder the deceased died intestate.
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Probate of will.' Mary Sohn, a daughter of the testator, filed objections to the probate of his will, but upon the hearing withdrew the objections to the probate, but demanded that the will be construed to be an effectual disposition of the real and personal property of the testator only for the life of Caroline Sohn, testator’s wife; that only a life estate is created by the will, and that as to the remainder the deceased died intestate. The will, omitting the formal part, is as follows: “I give, devise and bequeath to my wife, Caroline Sohn, to have full control of all my real and personal…
1Opinion of the Court
Sheldon, S.
The intention of Carl Sohn that his daughter Mary should not inherit any of his real estate or share in his personal property after his death cannot be doubted, for, not content with leaving her name out of the list of the recipients of his property, he added his emphatic declaration to that effect in the concluding clause of his will. It cannot be supposed, therefore, that he intended to die intestate as to any of his property. All parties agree that the decedent by this will has given his real and personal property to his wife for life,but her life estate is subject to be…
2Cases cited7 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Roe v. . VingutNew York Court of Appeals · 1889
- Vernon v. . VernonNew York Court of Appeals · 1873
- Pond v. BerghNew York Court of Chancery · 1843
- Mason v. JonesNew York Supreme Court · 1848
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