In re the Will of Raab
New York Surrogate's Court
The parties, in a proceeding for the probate of the last will (and a codicil thereto) of Charles Raab, deceased, expressly put in issue the validity, construction and effect of the following portions of the said will (executed within this state by a resident thereof), viz: “Fifth.
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The parties, in a proceeding for the probate of the last will (and a codicil thereto) of Charles Raab, deceased, expressly put in issue the validity, construction and effect of the following portions of the said will (executed within this state by a resident thereof), viz: “Fifth. All the rest, residue and remainder of all my estate, both real and personal, I give, devise and bequeath to my executor and trustee hereinafter named, in trust, however, to collect the rents, issues and profits thereof during the minority of my grandchildren, hereinafter provided for; to apply the same toward the…
1Opinion of the Court
Fowler, S.
The last will of Charles Raab being entitled to probate, irrespective of the alleged invalidity of some of its provisions (Matter of Davis, 182 N. Y. 468; Matter of Trumble, 199 id. 454), is now here for construction, pursuant to section 2624, Code of Civil Procedure. Prior to the amendment of section 2624, in the year 1910 (Laws of 1910, chap. 584), the surrogate was without jurisdiction to construe devises or other provisions relating to real property contained in a will. Matter of Trotter, 182 N. Y. 465. Since that amendment it would appear to be otherwise, and the surrogate has…
2Cases cited27 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Warner v. . DurantNew York Court of Appeals · 1879
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Horn v. . PullmanNew York Court of Appeals · 1878
- In Re the Accounting of KingNew York Court of Appeals · 1910
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3Cited by4 opinions
- In re the Judicial Settlement of the Account of LummisNew York Surrogate's Court · 1917
- In re Construe the Last Will & Testament of FowlesNew York Surrogate's Court · 1916
- In re the Accounting of the State BankNew York Surrogate's Court · 1961
- In re the Judicial Settlement of the Account of Proceedings of LloydNew York Surrogate's Court · 1914