In re the Judicial Settlement of the Accounts of Oneida National Bank & Trust Co. of Utica

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of Oneida National Bank & Trust Co. of Utica

255 A.D. 823, 7 N.Y.S.2d 32, 1938 N.Y. App. Div. LEXIS 5435

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

DecidedOctober 5, 1938

StatusPublished

This text of 255 A.D. 823 (In re the Judicial Settlement of the Accounts of Oneida National Bank & Trust Co. of Utica) 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.

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In re the Judicial Settlement of the Accounts of Oneida National Bank & Trust Co. of Utica, 255 A.D. 823, 7 N.Y.S.2d 32, 1938 N.Y. App. Div. LEXIS 5435 (N.Y. Ct. App. 1938).

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Decree in so far as appealed from affirmed, without costs of this appeal to any party. Memorandum: The surrogate determined that testator’s use of the phrase “ heirs at law ” was intended to mean next of kin, thus eliminating appellant as a distributee under the provisions of the will. Appellant contends that heirs at law should be given its natural, ordinary and legal meaning. We agree with the surrogate. (Tillman v. Davis, 95 N. Y. 17; Wallace v. Diehl, 202 id. 156, 165; Matter of Evans, 234 id. 42, 45; New York Life Ins. & Trust Co. v. Winthrop, 237 id. 93.) All concur. (The decree construes a will.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ. [167 Misc. 848.]

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Decree in so far as appealed from affirmed, without costs of this appeal to any party. Memorandum: The surrogate determined that testator’s use of the phrase “ heirs at law ” was intended to mean next of kin, thus eliminating appellant as a distributee under the provisions of the will. Appellant contends that heirs at law should be given its natural, ordinary and legal meaning. We agree with the surrogate. (Tillman v. Davis, 95 N. Y. 17; Wallace v. Diehl, 202 id. 156, 165; Matter of Evans, 234 id. 42, 45; New York Life Ins. & Trust Co. v. Winthrop, 237 id. 93.) All concur. (The decree construes a will.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ. [167 Misc. 848.]

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255 A.D. 823, 7 N.Y.S.2d 32, 1938 N.Y. App. Div. LEXIS 5435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounts-of-oneida-national-bank-nyappdiv-1938.

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