Legal Opinion
In re the Estate of Agrella
New York Surrogate's Court
Decided November 28, 1940PublishedCited by 11 opinions
1Opinion of the Court
Dodd, J.,
Acting Surrogate. It is elementary that in any question of testamentary interpretation the object of the court is to seek to place himself in the testator’s place and to endeavor to determine what he had in mind, and so far as legally permissible,to effectuate it.
*457In the present instance he gave the property in question “ to my sisters and brothers each to take an equal share ” with the exception of one whose indebtedness was deducted. The will was executed on May 23, 1925. The question is accordingly what the testator had in mind on that date, when he referred to “ my sisters and…
2Cases cited8 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Teed v. . MortonNew York Court of Appeals · 1875
- In re the Final Judicial Settlement of the Account of Proceedings of NeydorffAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of SalomonNew York Surrogate's Court · 1936
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sanderson v. First National Bank in DallasCourt of Appeals of Texas · 1969
- In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
- Plus Promotions, Inc. v. RCA Mfg. Co., Inc.District Court, S.D. New York · 1943
- In re the Estate of QuigleyNew York Surrogate's Court · 1963
- In re the Estate of McKeonNew York Surrogate's Court · 1944
6 more not listed; retrieve them via the Exa API.