In re the Construction of the Will of Berg

Appellate Division of the Supreme Court of New York

In re the Construction of the Will of Berg

285 A.D. 812

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

DecidedJanuary 25, 1955

StatusPublished

This text of 285 A.D. 812 (In re the Construction of the Will of Berg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Construction of the Will of Berg, 285 A.D. 812 (N.Y. Ct. App. 1955).

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Opinion

Decedent evidently had good reason to believe that upon his death a substantial sum would be paid every month to his executor or legatees; and that a very small fraction thereof would suffice to pay his wife’s hospital expenses. Under all of the circumstances prevailing at the time of the making of this will, the holding that decedent bequeathed or intended to bequeath the funds derived from the sale of his interest in the business to his wife cannot be sustained. The committee for the widow, in submitting his notice of election, and appellants were in complete agreement on this construction of the will and on the validity of the widow’s right of election. Accordingly, the decree construing the disputed clause of decedent’s will should be reversed and the notice of election filed on behalf of the surviving spouse held to be effective. Settle order. Present — Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ.

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Decedent evidently had good reason to believe that upon his death a substantial sum would be paid every month to his executor or legatees; and that a very small fraction thereof would suffice to pay his wife’s hospital expenses. Under all of the circumstances prevailing at the time of the making of this will, the holding that decedent bequeathed or intended to bequeath the funds derived from the sale of his interest in the business to his wife cannot be sustained. The committee for the widow, in submitting his notice of election, and appellants were in complete agreement on this construction of the will and on the validity of the widow’s right of election. Accordingly, the decree construing the disputed clause of decedent’s will should be reversed and the notice of election filed on behalf of the surviving spouse held to be effective. Settle order. Present — Peck, P. J., Callahan, Breitel, Bastow and Botein, JJ.

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Bluebook (online)

285 A.D. 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-construction-of-the-will-of-berg-nyappdiv-1955.