Legal Opinion

In re the Probate of the Last Will & Testament of Hoffman

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1910PublishedCited by 9 opinions

Appeal by the contestants, Rosalie A. Avery and others, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court, on the 29th day of April, 1910, admitting to probate the will of Charles Ferdinand Hoffman, deceased, and a codicil thereto, and construing the provisions thereof. The opinions of the surrogate are reported in Matter of Hoffman (65 Mise. Rep. 126 ; 67 id. 334).

1Opinion of the Court

Woodward, J.:

Charles Ferdinand Hoffman died in the borough of Brooklyn on April 9, 1909, leaving a last will and testament, which has been admitted to probate, and the questions arising on this appeal go to the validity of the will, and to the proper construction thereof, if the same is held to be valid. Like most of our troubles in this life, the alleged defects in this will are only to be found by those who are looking for them; they have no tangible existence, so far as we have been able to discover. We are to look to the language of the will, and we are to gather its intention from that…

2Cases cited5 opinions

  1. In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
  2. Morton v. . WoodburyNew York Court of Appeals · 1897
  3. Goodwin v. . CoddingtonNew York Court of Appeals · 1897
  4. Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909
  5. Felter v. AckersonAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by9 opinions

  1. In re the Estate of GrayNew York Surrogate's Court · 1941
  2. In re the Estate of QuigleyNew York Surrogate's Court · 1963
  3. In re Real Estate Title Insurance & Trust Co.New York Surrogate's Court · 1923
  4. In re Van DeusenNew York Surrogate's Court · 1960
  5. In re the Estate of CushmanNew York Surrogate's Court · 1932

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