In re the Estate of Bering
New York Surrogate's Court
1Opinion of the Court
O’Brien, S.
In this accounting proceeding, a construction is sought of the 2d paragraph of decedent’s will, which reads as follows: “ I also give, devise and bequeath the sum of $4,000 to be divided between my female cousins living at the time of my death, share and share alike.” The questions presented are: (1) Whether the term “ cousins ” means first cousins, and (2) whether or not decedent’s widow, who is also a first cousin of decedent, is entitled to share in this legacy. Ordinarily the word “ cousins ” denotes the sons or daughters of the brothers or sisters of one’s father or mother. “…
2Cases cited2 opinions
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- In re the Construction of the Last Will & Testament of HartNew York Surrogate's Court · 1923