In re the Application for Probate of a Paper Purporting to Be the Last Will & Testament of Van Woert
Appellate Division of the Supreme Court of the State of New York
Appeal by Alice F. Soles and another, named as executrices in a certain instrument in writing purporting to be the last will and testament of Gertrude Ann Van Woert, deceased, from a decree of the Surrogate’s Court of the county of Sara-toga, entered in said Surrogate’s Court on the 5th day of April, 1911, denying probate to said instrument.
1Opinion of the Court
Sewell, J.:
The will in question, as originally made, contained six clauses. The 1st directed the payment of the debts and personal expenses. The 2d gave $100 for the care of the cemetery lot of- the deceased. The 3d bequeathed $50 to her niece, Louise Stoddard. The 4th clause gave the articles mentioned in a memorandum to the persons named therein, and was of no effect. The 5th was as follows: “All the Rest, Residue and *484Remainder of my estate, real and personal, of which I may die seized and possessed, or which I may be entitled to receive at the time of my death, I give, devise and bequeath…
2Cases cited2 opinions
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Burnham v. . ComfortNew York Court of Appeals · 1888
3Cited by13 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ParkerNew York Surrogate's Court · 1917
- In re the Estate CharitouNew York Surrogate's Court · 1993
- In re the Estate of BescherNew York Surrogate's Court · 1928
- In re Will of HildenbrandNew York Surrogate's Court · 1914
- In re the Estate of CollinsNew York Surrogate's Court · 1982
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