Legal Opinion

In re the Estate of Hertzig

New York Surrogate's Court

Decided October 10, 1941PublishedCited by 7 opinions

1Opinion of the Court

Foley, S.

In this application for a construction of the will a preliminary question is raised as to the admissibility of extrinsic evidence in order to determine the identity of a legatee. In her will the testatrix made the following charitable bequest:

“ I give, devise and bequeath to the following charitable institutions, the sums set opposite their names, as follows:
“ 1. Denver National Jewish Hospital, Denver, Colorado, the sum of Five Hundred ($500.00) Dollars.”

i There is no corporation having the exact corporate title set forth in the will. Two charitable corporations claim this legacy:…

2Cases cited5 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
  2. St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
  3. Union Trust Co. v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1902
  4. In re the Estate of SchusterNew York Surrogate's Court · 1941
  5. Union Trust Company of New York v. . St. Luke's HospitalNew York Court of Appeals · 1903

3Cited by7 opinions

  1. In re the Construction of the Will of JolsonNew York Surrogate's Court · 1952
  2. Estate of Anton L. Trunk, Deceased. Clara P. Trunk v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1977
  3. In re the Estate of FrederickNew York Surrogate's Court · 1964
  4. In re the Construction of the Will of BehnNew York Surrogate's Court · 1951
  5. In re the Construction of the Will of ComfortNew York Surrogate's Court · 1952

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