In re the Estate of Pressberg

Appellate Division of the Supreme Court of New York

In re the Estate of Pressberg

24 A.D.2d 899, 264 N.Y.S.2d 873, 1965 N.Y. App. Div. LEXIS 2920

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

DecidedNovember 29, 1965

StatusPublished

This text of 24 A.D.2d 899 (In re the Estate of Pressberg) 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 Estate of Pressberg, 24 A.D.2d 899, 264 N.Y.S.2d 873, 1965 N.Y. App. Div. LEXIS 2920 (N.Y. Ct. App. 1965).

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Opinion

a proceeding to construe the will of a decedent, his widow appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Kings County, entered March 3, 1965, as construed the legacy under paragraph Fifth of the will in favor of the children of the named legatee (a cousin of the testator who predeceased the testator). Decree modified on the law by deleting so much of subdivision (a) of its second decretal paragraph as provides that paragraphs Third through Seventh of the will are to be read “ as one ”. As so modified, decree, insofar as appealed from, affirmed, with costs to all parties filing separate briefs payable out of the estate. No questions of fact have been considered. The clause in paragraph Seventh providing for a substitution of legatees in the event that “ any or all of the aforementioned cousins predecease me,” is sufficiently broad to include the cousin named in paragraph Fifth. Such a construction is in keeping with the testamentary intent and plan and in accordance with testator’s presumed intent to dispose of his entire estate by will (Matter of Dammann, 12 N Y 2d 500; Matter of Warren, 11 N Y 2d 463; Matter of Fabbri, 2 N Y 2d 236). It is not necessary to read paragraphs Third through Seventh of the will as one in order to reach this result. Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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a proceeding to construe the will of a decedent, his widow appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Kings County, entered March 3, 1965, as construed the legacy under paragraph Fifth of the will in favor of the children of the named legatee (a cousin of the testator who predeceased the testator). Decree modified on the law by deleting so much of subdivision (a) of its second decretal paragraph as provides that paragraphs Third through Seventh of the will are to be read “ as one ”. As so modified, decree, insofar as appealed from, affirmed, with costs to all parties filing separate briefs payable out of the estate. No questions of fact have been considered. The clause in paragraph Seventh providing for a substitution of legatees in the event that “ any or all of the aforementioned cousins predecease me,” is sufficiently broad to include the cousin named in paragraph Fifth. Such a construction is in keeping with the testamentary intent and plan and in accordance with testator’s presumed intent to dispose of his entire estate by will (Matter of Dammann, 12 N Y 2d 500; Matter of Warren, 11 N Y 2d 463; Matter of Fabbri, 2 N Y 2d 236). It is not necessary to read paragraphs Third through Seventh of the will as one in order to reach this result. Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 899, 264 N.Y.S.2d 873, 1965 N.Y. App. Div. LEXIS 2920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-pressberg-nyappdiv-1965.