Legal Opinion
In re the Probate of the Will of Turner
New York Surrogate's Court
Decided April 22, 1913Published
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July, 9, 1912, affirming so much of a decree of the Monroe County Surrogate’s Court as construed the 11th paragraph of the will of Charles E. Turner, deceased. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtWillard Bartlett, J.
The clause of the will which we are called upon to construe in this case reads as follows:
“ Eleventh. All the rest residue and reversion of my estate, both' real and personal, I give, devise and bequeath as follows, —to my nephew, Byron J. Tillman of Buffalo, N. Y., one share; to my niece, Grace Joy of Boise, Idaho, one share; and to each of the children of my brother, George Turner, one share, to be divided equally among my said nieces and nephews share and share alike. I direct that the share of any dying with issue surviving shall be paid to such issue and that the share of any dying…
2Cases cited4 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Kinkele v. . WilsonNew York Court of Appeals · 1897
- State v. Maine Central RailroadSupreme Judicial Court of Maine · 1877
- De Nottebeck v. . AstorNew York Court of Appeals · 1855