Keteltas v. . Keteltas
New York Court of Appeals
Appeal from judgment of the General Term of the Supremo Court, in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. This action was brought for a construction of the will of William A. Keteltas, deceased. The facts appear sufficiently in the opinion. The words “next of kin,” as used in the will, were to be construed as including the testator’s widow.
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Appeal from judgment of the General Term of the Supremo Court, in the first judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. This action was brought for a construction of the will of William A. Keteltas, deceased. The facts appear sufficiently in the opinion. The words “next of kin,” as used in the will, were to be construed as including the testator’s widow. (2 R. S., 92, § 52; 2 R. S., 93, § 75; 2 R. S., Banks [6th ed.], 100, § 90; Bibby v. Myer, 10 Paige, 220, 222; Knickerbacker v. Seymour, 46 Barb., 198; Wigram on Wells [O’Hara,…
1Opinion of the CourtEarl, J.
Upwards of two hundred years ago Lord Coke made the observation, which is nearly as true now as it was then, that “wills and the construction of them do more perplex a man than any other learning; and, to make a certain construction of them, this éxcedit jurisprudentum artem.” (Roberts v. Roberts, 2 Bulst., 130.) Since that time the construction of wills has continued to perplex the courts, and not much has been done by the evolution of rules to aid them. Such is the multifarious and complex nature • of human affairs, and the uncertainty of language, and such the carelessness .and inattention…
2Cases cited2 opinions
- Murdock v. . WardNew York Court of Appeals · 1876
- Luce v. . DunhamNew York Court of Appeals · 1877
3Cited by32 opinions
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Tillman v. . DavisNew York Court of Appeals · 1884
- Hockaday v. LynnSupreme Court of Missouri · 1906
- French v. FrenchSupreme Court of Iowa · 1892
- In re the Estate of SmithCourt of Chancery of Delaware · 1929
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