Abbey v. Aymar
New York Surrogate's Court
Upon the application for probate of decedent’s will, a question arose as to the interest thereunder of Frank E. Abbey, an infant grandson of Hannah Talmage, decedent’s niece. The facts are stated in the opinion.
1Opinion of the Court
The Surrogate.
Upon the probate of this will, a question has arisen touching the true construction of the twelfth paragraph of its seventh article. That article directs that, upon the death of the testator’s sister Judith, his estate shall be divided into fourteen parts, and distributed according to a scheme in such article specified. The paragraph that has given rise to the present contention is as follows : “ One other fourteenth part of my said estate is hereby given to and shall be vested in the children of my deceased niece, Hannah Talmage, in equal shares. And in case either of the…
2Cases cited1 opinion
- Lawrence v. HebbardNew York Surrogate's Court · 1850