Legal Opinion · Dissent

In re Construction of the Will of Getman

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1968Published

1DissentMarsh, J.

This is an appeal by Litchfield Cemetery Association from a decree of Surrogate’s Court, Herkimer County, which construed the residuary clause of decedent Floyd C. Getman’s will.

In 1956 Clyde L. Getman presented a petition for a construction of the residuary clause of the will of Floyd C. Getman, his brother, who died October 5,1954, leaving a will dated November *26218, 1944, which provided in the second paragraph: “ Second: All the rest, residue and remainder of my estate, both real and personal, and wheresoever situate, which at the time of my death shall belong to me or be subject to my…

2Cases cited5 opinions

  1. In Re the Accounting of MorrisNew York Court of Appeals · 1919
  2. In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
  3. In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
  4. In re the Probate of the Will of BaeuchleNew York Court of Appeals · 1950
  5. In re the Accounting of McQuadeNew York Surrogate's Court · 1954

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