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In re the Estate of Skidell

25 A.D.2d 420, 266 N.Y.S.2d 528, 1966 N.Y. App. Div. LEXIS 5093
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 25, 1966
StatusPublished

This text of 25 A.D.2d 420 (In re the Estate of Skidell) 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 Skidell, 25 A.D.2d 420, 266 N.Y.S.2d 528, 1966 N.Y. App. Div. LEXIS 5093 (N.Y. Ct. App. 1966).

Opinions

Appeal from a decree of the New York County Surrogate’s Court, entered April 29, 1965, insofar as it construed certain provisions of decedent’s will.

[421]*421Memorandum by the Court. While we agree with the view of the minority that it was error to permit the testimony of the lawyer-draftsman of the will as to the testator’s intention, since such testimony was unnecessary it may be disregarded as not prejudicial. Moreover, it appears that the court itself disregarded such testimony for no reference is made thereto in its opinion. However, unlike the minority, we find no ambiguity in the will. The testamentary scheme is evident, the language clear and the objective apparent. Accordingly, we affirm the decree, so far as appealed from, on the opinion of the Surrogate, with $50 costs to all parties filing briefs payable out of the estate.

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Related

Dwight v. Fancher
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In re the Accounting of Dulles
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In re the Estate of Pepper
120 N.E.2d 807 (New York Court of Appeals, 1954)
In re the Accounting of Dulles
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In re the Estate of Frederick
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In re the Estate of Skidell
49 Misc. 2d 147 (New York Surrogate's Court, 1965)

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Bluebook (online)
25 A.D.2d 420, 266 N.Y.S.2d 528, 1966 N.Y. App. Div. LEXIS 5093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-skidell-nyappdiv-1966.