Legal Opinion
In re the Estate of Sheffer
New York Surrogate's Court
Decided March 13, 1931PublishedCited by 14 opinions
1Opinion of the Court
Wingate, S.
Whereas it has frequently been held that the words “ lawful issue ” when used in a testamentary direction mean no more than “ descendants ” (Matter of Disney, 118 App. Div. 378, 380; N. Y. Life Ins. & Trust Co. v. Viele, 161 N. Y. 11, 19; Chwatal v. Schreiner, 148 id. 683, 688), it must be apparent that such a definition can be adopted only by a deletion of the qualifying adjective, which is a dangerous course to pursue. (Matter of Kirkman, 134 Misc. 527, 528.) It is primary that all Words in a document are presumed to have been inserted with the definite intent that their meaning…
2Cases cited28 opinions
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- In re HornidgeNew York Surrogate's Court · 1929
- Losey v. . StanleyNew York Court of Appeals · 1895
23 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re the Estate of WeilNew York Surrogate's Court · 1934
- In Re Wray's EstateMontana Supreme Court · 1933
- In re the Accounting of the Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
- Traders Bank of Kansas City v. GouldingSupreme Court of Missouri · 1986
- In re the Estate of GouldNew York Surrogate's Court · 1939
9 more not listed; retrieve them via the Exa API.