In re Coughlin
New York Surrogate's Court
Appeal by Annie McGrath, from an order and) decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 20th day of May, 1915, admitting decedent’s will to probate, and construing a paragraph thereof. Patrick Daly, who died January 23, 1915, left a will in which there was this residuary clause: “ Fourth.
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Appeal by Annie McGrath, from an order and) decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 20th day of May, 1915, admitting decedent’s will to probate, and construing a paragraph thereof. Patrick Daly, who died January 23, 1915, left a will in which there was this residuary clause: “ Fourth. All the rest residue and remainder of my estate of every name and kind soever I give devise and bequeath to my son-in-law James Oo.ughlin and Annie McGrath of 519 Greene Av., in equal shares.” Upon instituting probate proceedings, a petition…
1Opinion of the CourtPutnam, J.
—As the learned surrogate stated, the facts show a latent ambiguity. (90 Misc. Rep. 545.) A name fits one claimant but it is coupled with a residence which fits only the other claimant. This lets in parol evidence to show the circumstances surrounding the testator and his expressed views in order to aid in determining his intention, and to identify the person he attempted to describe. Declarations of the testator, even to his attorney at the time of preparing the will, were admissible, as such testimony was not privileged, since it was given by a subscribing witness. (Code Civ. Pro., § 836.)
He…
2Cases cited1 opinion
- In re the Probate of the Last Will & Testament of DalyNew York Surrogate's Court · 1915