Legal Opinion

In re the Estate of Castagnello

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

Decided December 3, 2002Published

1Opinion of the Court

—Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about May 2, 2001, which granted petitioner executors’ motion to dismiss appellant’s objections to their accounting, unanimously affirmed, without costs.

The Surrogate properly concluded that the testator’s intention to exclude appellant from sharing in the residuary estate could be discerned from the four corners of the will (see Matter of Thall, 18 NY2d 186, 192; Matter of Fabbri, 2 NY2d 236, 240) and that consideration of extrinsic evidence was thus neither necessary nor appropriate (see Matter of King, 198 AD2d…

2Cases cited3 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. In re the Estate of ThallNew York Court of Appeals · 1966
  3. In re the Estate of KingAppellate Division of the Supreme Court of the State of New York · 1993

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