In Re the Application for the Construction of the Will of Phipps
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1915, which modified and affirmed as modified a decree of the Orleans County Surrogate’s Court construing the will of William W. Phipps, deceased. The facts, so far as material, are stated in the opinion. The words “Homestead Farm ” as contained in the will were properly construed by the surrogate.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 29, 1915, which modified and affirmed as modified a decree of the Orleans County Surrogate’s Court construing the will of William W. Phipps, deceased. The facts, so far as material, are stated in the opinion. The words “Homestead Farm ” as contained in the will were properly construed by the surrogate. (Rogers v. Wheeler, 22 Wend. 148; Matter of Wheeler, 32 App. Div. 187; Matter of Hastings, 6 Dem. 320.) The evidence introduced by petitioner fails to establish an intent on…
1Opinion of the CourtSeabury, J.
This proceeding was commenced in the Surrogate’s Court in Orleans county on the petition of the only son of the testator, who is the appellant herein, for a construction of the last will and testament of his father, William W. Phipps, deceased. The appellant is the residuary legatee and devisee under the will. The respondent is the widow of the testator and the stepmother of the petitioner. The controversy involves the construction of the second clause of the will which reads as follows:
“In case my wife Clara E. Phipps shall survive me, then in such event, I give, devise and bequeath to my…
2Cases cited2 opinions
- Smith v. DennisIllinois Supreme Court · 1896
- McKeough's Est. v. McKeoughSupreme Court of Vermont · 1895
3Cited by8 opinions
- In re Construe the Last Will & Testament of FowlesNew York Surrogate's Court · 1916
- In re the Estate of SchermerhornNew York Court of Appeals · 1972
- In re the Estate of WeinerNew York Surrogate's Court · 1930
- In re the Estate of BillingsNew York Surrogate's Court · 1931
- In re the Will of O'LoughlinNew York Surrogate's Court · 1946
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