In re the Judicial Settlement of the Account of Reynolds
New York Surrogate's Court
Judicial settlement of account by executor of deceased executrix, in which, proceeding judicial construction of the will of David Fredenburg is involved. The last will and testament of David Fredenburg, a resident of the town of Roxbury, Delaware county, was admitted to probate January 3, 1903, and letters testamentary issued to Etta Fredenburg, the wife of the testator, the executrix named in said will.
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Judicial settlement of account by executor of deceased executrix, in which, proceeding judicial construction of the will of David Fredenburg is involved. The last will and testament of David Fredenburg, a resident of the town of Roxbury, Delaware county, was admitted to probate January 3, 1903, and letters testamentary issued to Etta Fredenburg, the wife of the testator, the executrix named in said will. The testator at the time of his death was the owner of a farm of land with personal property thereon situate in the town of Roxbury. The testator was survived by his wife and four infant…
1Opinion of the Court
McNaught, S.
The difficulties incident to construing the will here involved furnish a forcible illustration of the inadvisability of having a testamentary disposition of property drawn by an inexperienced layman. It is a fundamental principle of the law relating to the construction of wills that the intention of the testator must govern and must be given full force and effect if such intention can be drawn from the instrument propounded. It is a platitude that “ no will has a brother. ’ ’ The diversity in wills is as great as the difference in individuals. In most instances the citation of…
2Cases cited3 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Foose v. . WhitmoreNew York Court of Appeals · 1880
- Sands v. WaldoNew York Supreme Court · 1917
3Cited by3 opinions
- Weber v. KressAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Judicial Settlement of the Account of ReynoldsAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Settlement of the Accounts of GatesNew York Surrogate's Court · 1923