Legal Opinion

In re the Estate of Neill

New York Surrogate's Court

Decided October 16, 1941PublishedCited by 4 opinions

1Opinion of the Court

Foley, S.

This is an application for a construction of the will. The testatrix died on April 8, 1940. Her will and two codicils thereto have been admitted to probate in this court.

The will, executed January 4, 1936, and the first codicil, executed May 26, 1937, were drawn by a New York attorney experienced in the drafting of testamentary instruments. No question is raised as to the proper construction of these instruments.

The second codicil was written in longhand by the testatrix and executed on April 21, 1939, approximately one year before her death. It is entitled “ Codicil — 21 April 1939-…

2Cases cited3 opinions

  1. Southgate v. Continental Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Southgate v. Continental Trust Co.New York Supreme Court · 1901
  3. In re the Estate of KarstensNew York Surrogate's Court · 1938

3Cited by4 opinions

  1. In re the Accounting of BridgmanNew York Surrogate's Court · 1960
  2. Estate of LundCalifornia Court of Appeal · 1973
  3. In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
  4. In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014

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