Legal Opinion
In re the Estate of Costello
New York Surrogate's Court
Decided May 12, 1933PublishedCited by 5 opinions
1Opinion of the Court
Baker, S.
This is a proceeding for the construction of the last will and testament of the above-named decedent.
A proceeding for the construction of a will really involves two separate and distinct processes, which for want of better terminology, may be designated, as, first, the function of interpretation of the document; and, second, that of adjudication of its legal effect. The former act involves merely a decision as to what the testator intended by the use of the language employed in the instrument. This must be resolved by an analysis of the particular words employed therein (Matter of…
2Cases cited18 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Matter of DurandNew York Court of Appeals · 1928
- Brown v. . QuintardNew York Court of Appeals · 1903
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
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3Cited by5 opinions
- In re the Estate of RichardsNew York Surrogate's Court · 1934
- In re the Accounting of Guaranty Trust Co.New York Supreme Court · 1946
- In re the Estate of KirkbyNew York Surrogate's Court · 1968
- In re the Construction of the Will of KentNew York Surrogate's Court · 1959
- In re the Estate of ShearNew York Surrogate's Court · 1935