In re the Estate of Guenard
New York Surrogate's Court
1Opinion of the Court
Wingate, S.
Two questions of testamentary interpretation, and three objections to the account of the executors, interposed by the special guardian, are here 'presented for determination. The difficulty which the parties apparently experience regarding the proper interpretation of subdivision “ B ” of item 14 of the will is due to their failure to recall the fundamental principle of construction, that in the absence of a clear demonstration to the contrary, words of survivorship and gifts over on the death of the primary beneficiary are construed to relate to the death of the *183testator. (Nelson…
2Cases cited5 opinions
- Nelson v. . RussellNew York Court of Appeals · 1892
- In re the Judicial Settlement of the Final Account of Proceedings of LesterAppellate Division of the Supreme Court of the State of New York · 1916
- In re Irving Trust Co.New York Surrogate's Court · 1929
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Estate of BlakeNew York Surrogate's Court · 1933
3Cited by2 opinions
- In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- In re the Estate of BurroughsNew York Surrogate's Court · 1935