Legal Opinion

In re the Construction of the Will of Zumstine

New York Surrogate's Court

Decided May 26, 1960PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett, S.

This is a proceeding to construe two paragraphs of the decedent’s will. The facts are not in dispute and have been stipulated by the attorneys in an instrument dated January 6, 1960. A hearing consisting of oral argument was held March 29, 1960, and written memoranda have been filed.

Article eighth of the will reads as follows: “All the rest, residue and remainder of my property, both real and personal, of every kind and nature, of which I die seized or possessed or which shall be subject to my disposal by will, including lapsed legacies, I give, devise and bequeath to the…

2Cases cited2 opinions

  1. In Re the Will of NeherNew York Court of Appeals · 1939
  2. In Re the Will of FletcherNew York Court of Appeals · 1939

3Cited by1 opinion

  1. In re the Construction of the Will of ZumstineAppellate Division of the Supreme Court of the State of New York · 1961

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