In re the Estate of Hartmann
New York Surrogate's Court
1Opinion of the Court
O’Brien, S.
The referee’s report is confirmed and the exceptions thereto are overruled.
1. The referee correctly construed the will of testator as to the effect on the provisions of paragraph “ fourth (a) ” of the widow’s election to take under the separation agreement instead of under the will. By the language of that paragraph the testator clearly intended to give the $175 per month to his sister while the widow lived, or for fifteen years if the widow lived that long, and $400 per . month thereafter. The fact that the widow has elected not to take the $225 per month for fifteen years which…
2Cases cited2 opinions
- In re the Judicial Settlement of the Account of LydonAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of ParsonsNew York Surrogate's Court · 1923
3Cited by2 opinions
- In re the Estate of O'BrienNew York Surrogate's Court · 1933
- In re the Estate of HartmannNew York Surrogate's Court · 1928