In re the Probate of the Last Will & Testament of Fenton

Appellate Division of the Supreme Court of New York

In re the Probate of the Last Will & Testament of Fenton

250 A.D. 771, 293 N.Y.S. 818, 1937 N.Y. App. Div. LEXIS 8928

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

DecidedMarch 12, 1937

StatusPublished

This text of 250 A.D. 771 (In re the Probate of the Last Will & Testament of Fenton) 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 Probate of the Last Will & Testament of Fenton, 250 A.D. 771, 293 N.Y.S. 818, 1937 N.Y. App. Div. LEXIS 8928 (N.Y. Ct. App. 1937).

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Opinion

Appeal from so much of a decree of the Surrogate’s Court of Westchester county construing a will as provides that a legacy of $35,000 is preferred over all other legacies and is first entitled to payment. Decree modified by striking out the provision reading: “ Ordered, Adjudged and Decreed that the legacy in the ‘ Eleventh ’ paragraph of the Will to Warden H. Fenton of $35,000.00 is preferred over all other legacies mentioned in said Will and is first entitled to payment,” and as so modified unanimously affirmed, in so far as appealed from, with costs, payable out of the estate, to all parties appearing and Sling briefs. In our opinion, the application for a preference here rests upon no other element than' that the respondent is the husband of the testatrix, which in itself is insufficient to create a presumption that the testatrix intended to prefer him. Present — 'Lazansky, P. J., Hagarty, Davis, Johnston and Adel, JJ.

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Appeal from so much of a decree of the Surrogate’s Court of Westchester county construing a will as provides that a legacy of $35,000 is preferred over all other legacies and is first entitled to payment. Decree modified by striking out the provision reading: “ Ordered, Adjudged and Decreed that the legacy in the ‘ Eleventh ’ paragraph of the Will to Warden H. Fenton of $35,000.00 is preferred over all other legacies mentioned in said Will and is first entitled to payment,” and as so modified unanimously affirmed, in so far as appealed from, with costs, payable out of the estate, to all parties appearing and Sling briefs. In our opinion, the application for a preference here rests upon no other element than' that the respondent is the husband of the testatrix, which in itself is insufficient to create a presumption that the testatrix intended to prefer him. Present — 'Lazansky, P. J., Hagarty, Davis, Johnston and Adel, JJ.

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Bluebook (online)

250 A.D. 771, 293 N.Y.S. 818, 1937 N.Y. App. Div. LEXIS 8928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-last-will-testament-of-fenton-nyappdiv-1937.