Legal Opinion

In Re the Probate of the Will of Turner

New York Court of Appeals

Decided June 29, 1912PublishedCited by 13 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 29, 1912, which affirmed a decree of the New York County Surrogate’s Court adjudging certain bequests in the will of Maria Turner, deceased, to be void for indefiniteness and uncertainty and further adjudging that by reason of the invalidity of such bequests the whole testamentary scheme of the testatrix failed.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 29, 1912, which affirmed a decree of the New York County Surrogate’s Court adjudging certain bequests in the will of Maria Turner, deceased, to be void for indefiniteness and uncertainty and further adjudging that by reason of the invalidity of such bequests the whole testamentary scheme of the testatrix failed. The decree had been entered upon a prior order of the said Appellate Division reversing a former decree of said Surrogate’s Court admitting the said will to probate and…

1Opinion of the CourtWillard Bartlett, J.

This case involves the construction and validity of the following will:

“ New York, Aug. 2/1909.
“In the Name of God, Amen. '
“I '

Matilda Turner bequeath unto my sons & daughters as follows in case of my-death. John Turner One house .

George Turner One house William L. Turner one house Jennie S. Fox one house at 402 W. 29 St. N. Y. City and Matilda D. Turner One House 400 W. 29 St. and one house 331-9th Ave., Half contents of •house to Jennie S. Fox and Matilda D. Turner.

• her

“MATILDA X TURNER

mark

“Witness •
“James W. Patterson, Com. of Deeds
“Nellie Looney
“Ella M. Wyatt.”

The houses mentioned in the…

2Cited by13 opinions

  1. In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
  2. Nichols v. SwickardSupreme Court of Iowa · 1931
  3. Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
  4. In re the Accounting of GravesNew York Surrogate's Court · 1949
  5. Prater v. HughstonSupreme Court of Alabama · 1918

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