Legal Opinion
In re the Construction of the Will of Kent
New York Surrogate's Court
Decided August 13, 1959PublishedCited by 3 opinions
1Opinion of the Court
Francis V. V. Leary, S.
This is an application for construction of paragraph Fifteenth of the last will and testament of Delphia Culver Kent, deceased, dated May 4, 1955, and which was admitted to probate in the Surrogate’s Court of Broome County on September 28, 1955.
The office of the court in any proceeding for testamentary construction is twofold, as was pointed out in Matter of Costello (147 Misc. 629). It is a trite truism that the primary object in the construction of a will is to ascertain the intention of testator, and when this has been determined the court must adjudicate the legal…
2Cases cited54 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Tilden v. . GreenNew York Court of Appeals · 1891
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Matter of DurandNew York Court of Appeals · 1928
- Warner v. . DurantNew York Court of Appeals · 1879
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3Cited by3 opinions
- Village of Camillus v. DiamondNew York Supreme Court · 1973
- Matter of Estate of CarpenterSupreme Court of Iowa · 1995
- Beckmann v. DensmoreSupreme Court of Iowa · 1995