Legal Opinion

In re the Estate of Dewint

New York Surrogate's Court

Decided December 18, 1936PublishedCited by 1 opinion

1Opinion of the Court

Wingate, S.

Two main questions are involved in this proceeding for testamentary construction. The first concerns the nature of the bequest made by the third item of testatrix’s will, whether specific, demonstrative or general, and the second, as to whether an intention can be gleaned from the script to charge the gifts contained in the first five numbered items upon the real estate which passes pursuant to the residuary gift. Involved in the determination of the latter is the further question as to whether the inferred testamentary intent in respect to charge is to be judged by the…

2Cases cited21 opinions

  1. In Re Proving the Will of MountNew York Court of Appeals · 1906
  2. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  3. Tifft v. . PorterNew York Court of Appeals · 1853
  4. In Re the Accounting of BrannNew York Court of Appeals · 1916
  5. In Re the Estate of GreenbergNew York Court of Appeals · 1933

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3Cited by1 opinion

  1. In re the Estate of ClarkNew York Surrogate's Court · 1938

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