In re the Application for the Construction of Certain Provisions of the Will of Ward

Appellate Division of the Supreme Court of New York

In re the Application for the Construction of Certain Provisions of the Will of Ward

251 A.D. 781, 296 N.Y.S. 437, 1937 N.Y. App. Div. LEXIS 7477

Appellate Division of the Supreme Court of the State of New York·Decided May 5, 1937·Published·Cited by 1 cases

Opinion

Decree affirmed, with costs payable out of the estate. Memorandum: We construe the word “ heirs ” in this will as comprising those who would have been heirs if testatrix’s son George had died contemporaneously with the testatrix and under this construction the respondent, the widow of the testatrix’s son George, is an heir of her husband. (Dec. Est. Law, §§ 81, 83; Matter of Chalmers, 264 N. Y. 239.) All concur. (The decree construes a will.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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Decree affirmed, with costs payable out of the estate. Memorandum: We construe the word “ heirs ” in this will as comprising those who would have been heirs if testatrix’s son George had died contemporaneously with the testatrix and under this construction the respondent, the widow of the testatrix’s son George, is an heir of her husband. (Dec. Est. Law, §§ 81, 83; Matter of Chalmers, 264 N. Y. 239.) All concur. (The decree construes a will.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

In re the Application for the Construction of Certain Provisions of the Will of Ward, 251 A.D. 781, 296 N.Y.S. 437, 1937 N.Y. App. Div. LEXIS 7477 (N.Y. Ct. App. 1937).

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