Legal Opinion

In re Voorhees

New York Surrogate's Court

Decided February 15, 1888PublishedCited by 2 opinions

Contest as to true reading of decedent’s will, on application for probate. The facts are stated in the opinion.

1Opinion of the Court

The Surrogate.

The testator had two sons and three daughters and by his will he devised one fifth of his estate to each them, naming them successively:

In the clause making provision for his daughter Adriana, her name is interlined, and it is claimed on behalf of one of the next of kin that the presumption of law is that this interlineation was made after the execution of the will. The testator having named two of his daughters in his will, it is a fair presumption that in the clause in question he intended to name the remaining daughter, at any rate he intended to name one of his daughters,…

2Cases cited2 opinions

  1. Crossman v. . CrossmanNew York Court of Appeals · 1884
  2. Wetmore v. CarrylNew York Surrogate's Court · 1882

3Cited by2 opinions

  1. In re Carver's WillNew York Surrogate's Court · 1893
  2. In re Whitney's WillNew York Supreme Court · 1895

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