In re the Estate of Rousseau
New York Surrogate's Court
1Opinion of the Court
John D. Bennett, S.
The propounded instrument will be admitted to probate, it having been established that it was executed in the manner prescribed by section 21 of the Decedent Estate Law, and that at the time of its execution the decedent was of sound mind and free from restraint.
The special guardian contends that one of his wards, an infant born after the decedent’s death, is entitled to the benefits conferred by section 26 of the Decedent Estate Law. Paragraph Second of the will leaves the residuary estate to the widow “ to the exclusion of any children I may have ”.
The special guardian…
2Cases cited2 opinions
- Crocker v. MulliganAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of CallisterNew York Surrogate's Court · 1933