Snyder v. Snyder
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Helena Day Snyder, and by the defendants, Louis J. Snyder and Samuel F. Engs, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Kings on the 28th day of June, 1917, upon the decision of the court after a trial at the Kings County Special Term. The judgment construed the last will and testament of Samuel F. Engs, deceased.
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Cross-appeals by the plaintiff, Helena Day Snyder, and by the defendants, Louis J. Snyder and Samuel F. Engs, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Kings on the 28th day of June, 1917, upon the decision of the court after a trial at the Kings County Special Term. The judgment construed the last will and testament of Samuel F. Engs, deceased. The plaintiff brought this action to obtain a construction of the will of Samuel F. Engs, and for an accounting by the defendants, éxecutors and trustees. The testator died…
1Opinion of the Court
Kelly, J.:
There is no doubt or confusion as to the legal principle which must govern the construction and interpretation of this will. It has been stated over and over again, and it is that the intention of the testator as expressed in the will must control. Courts are not to make new wills for those *71who have gone from this world, nor can we speculate on the justice or injustice of the testator’s disposition of his property clearly expressed, as long as it is not opposed to law or public policy. The will having been admitted to probate, the testator having left no children or direct…
2Cases cited9 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Cammann v. . BaileyNew York Court of Appeals · 1913
- Pond v. BerghNew York Court of Chancery · 1843
- Salter v. . DrowneNew York Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Converse v. ByarsMontana Supreme Court · 1941
- In re the Accounting of BurgmyerNew York Surrogate's Court · 1957
- In re the Estate of MontgomeryNew York Surrogate's Court · 1938
- Stewart v. StewartAppellate Division of the Supreme Court of the State of New York · 1923
- Holbrook v. ShepardAppellate Division of the Supreme Court of the State of New York · 1927
3 more not listed; retrieve them via the Exa API.