In Re the Accounting of Burrows
This text of 182 N.E. 79 (In Re the Accounting of Burrows) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We find in the language of the will when read in connection with the codicils, a clear intent on the part of the testator that the children of his deceased son, Lorenzo Burrows, who are of his next-of-kin, should take under his will by right of substitution. (Matter of Evans, 234 N. Y. 42.)
The order of the Appellate Division should be reversed and the decree of the Surrogate’s Court affirmed, with *452 costs in the Appellate Division and in this court, payable out of the estate.
Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur; Pound, Ch. J., not voting.
Ordered accordingly.
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Cite This Page — Counsel Stack
182 N.E. 79, 259 N.Y. 449, 1932 N.Y. LEXIS 966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-burrows-ny-1932.