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Legal Opinion

In re the Judicial Construction of the Last Will & Testament of Perry

New York Surrogate's Court

Decided February 1, 1926PublishedCited by 7 opinions

1Opinion of the Court

Lawyer, S.

The testatrix, Ella C. Perry, died September 29, 1924, seized of no real property but possessed of personalty of the appraised value of $20,055.09.

*617Through his committee, Thornton K. Perry requests a construction of the last will and testament of the testatrix, who left her surviving Thornton K. Perry, her husband, and no descendants, parents, sister or brother, nephew or niece. Therefore, in the event of intestacy of the decedent, the husband surviving would be entitled to the whole estate. (Decedent Estate Law, § 98, subd. 3; Id. § 100, as amd. by Laws of 1919, chap. 295.)

Interpreta…

2Cases cited5 opinions

  1. In Re the Will of FowlesNew York Court of Appeals · 1918
  2. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  3. Wells v. SquiresAppellate Division of the Supreme Court of the State of New York · 1907
  4. In re Probate of the Last Will & Testament of AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
  5. In re the Estate of LeeNew York Surrogate's Court · 1921

3Cited by7 opinions

  1. In re RennNew York Supreme Court · 1941
  2. Buckley v. BuckleyNew York Supreme Court · 1951
  3. In re the Estate of AngleNew York Surrogate's Court · 1933
  4. In re the Estate of GibbonsNew York Surrogate's Court · 1931
  5. In re the Estate of RauschNew York Surrogate's Court · 1930

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