Legal Opinion
In re the Estate of Howells
New York Surrogate's Court
Decided November 18, 1932PublishedCited by 22 opinions
1Opinion of the Court
Wingate, S.
The statement has frequently been made that judicial tribunals struggle to preserve the validity of a testamentary instrument and do not yield to a construction producing intestacy *559unless such a course is absolutely inevitable. It is believed that the natural connotation of such a statement is far too broad. The office of the court in any proceeding for testamentary construction is twofold, as was pointed out in Matter of McCafferty (142 Misc. 371, 372; affd., 236 App. Div. 678). It must first interpret the meaning of the will, ascertaining what the testator intended by the…
2Cases cited21 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Schettler v. . SmithNew York Court of Appeals · 1869
- White v. . HowardNew York Court of Appeals · 1871
- Downing v. . MarshallNew York Court of Appeals · 1861
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In re the Estate of HearnNew York Surrogate's Court · 1936
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re the Estate of DrakeNew York Surrogate's Court · 1934
- In re the Estate of BurlingNew York Surrogate's Court · 1933
- In re the Estate of De ForestNew York Surrogate's Court · 1933
17 more not listed; retrieve them via the Exa API.