Legal Opinion
Epstein v. Werbelovsky
New York Supreme Court
Decided July 15, 1919PublishedCited by 2 opinions
Action for the construction of a will.
1Opinion of the CourtCbopsey, J.
There has been prior litigation between the parties to this action and that has resulted- in the will of the deceased being declared to have been properly executed, etc. See 167 App. Div. 942; 219 N. Y. 658. That litigation, however, did not determine the validity of the provisions of the will. That is the main question here involved. And there is another question whether, if the trust provision is invalid, the whole will falls.
It is elementary that a will must be construed so as, if possible, to give effect to its provisions. Dougherty v. Thompson, 167 N. Y. 483; Matter of Hoyt, 116 App.…
2Cases cited9 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Dougherty v. . ThompsonNew York Court of Appeals · 1901
- Pray v. . HegemanNew York Court of Appeals · 1883
- Benedict v. . WebbNew York Court of Appeals · 1885
- In re the Final Judicial Settlement of the Accounts of HoytAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by2 opinions
- In re the Construction of the Last Will & Testament of QuackenbushNew York Surrogate's Court · 1926
- Woodruff Oil & Fertilizer Co. v. Estate of YarboroughSupreme Court of South Carolina · 1928