In re Rehill

Appellate Division of the Supreme Court of New York

In re Rehill

236 A.D. 733

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1932·Published

Opinion

Decree of the Surrogate’s Court of Westchester county affirmed, with costs to respondent payable out of the estate. No opinion. Lazansky, P. J., Kapper, Carswell and Tompkins, JJ., concur; Young, J., dissents, with the following memorandum: It seems to me there is a clear intention shown here that the widow was to have no dower. The lease continues for fifty years. If the widow gets dower as well as the amount specifically given here, she will receive one-half of this rent, $3,750, annually as long as she lives, and the five children $750 each. The testator never intended this and the allowance of dower clearly defeats the scheme of the will. [142 Misc. 502.]

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Decree of the Surrogate’s Court of Westchester county affirmed, with costs to respondent payable out of the estate. No opinion. Lazansky, P. J., Kapper, Carswell and Tompkins, JJ., concur; Young, J., dissents, with the following memorandum: It seems to me there is a clear intention shown here that the widow was to have no dower. The lease continues for fifty years. If the widow gets dower as well as the amount specifically given here, she will receive one-half of this rent, $3,750, annually as long as she lives, and the five children $750 each. The testator never intended this and the allowance of dower clearly defeats the scheme of the will. [142 Misc. 502.]

In re Rehill, 236 A.D. 733 (N.Y. Ct. App. 1932).

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Opinion

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