Hill v. Burger

The Surrogate.

Upon the distribution of the testator’s estate, a legatee named in his will as Elizabeth Parker, claims to be the testator’s widow, and as such to be entitled 'tti one-third of the residue not bequeathed by the will. If this claim shall prevail, the remaining two-thirds will pass to her child, Florence. Such a result will subvert' entirely the désign of the special decree of probate, by which this will was 'admitted to proof, and be in direct hostility tti the testator’s intention, as expressed at the time the will was prepared and executed. In the course of the protracted trial…