In re the Will of Hamlin

Appellate Division of the Supreme Court of New York

In re the Will of Hamlin

268 A.D. 953, 51 N.Y.S.2d 267, 1944 N.Y. App. Div. LEXIS 4381

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

DecidedNovember 15, 1944

StatusPublished

This text of 268 A.D. 953 (In re the Will of Hamlin) 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 Will of Hamlin, 268 A.D. 953, 51 N.Y.S.2d 267, 1944 N.Y. App. Div. LEXIS 4381 (N.Y. Ct. App. 1944).

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Opinion

Decree so far as appealed from modified on the law by striking .therefrom that portion of the third ordering paragraph marked therein “ IV ” and as so modified affirmed, without costs of this appeal to any party. Memorandum: The instrument of July 5, 1933, signed by Edith Hamlin Covill, is an acknowledgement of an advance of money payable only (unless she otherwise consented) after her death. The provisions of paragraph “third” of the last will and testament of the testator made such advance (unless Mrs. Covill otherwise consented) net only payable after her death but solely from her interest, if any, in the residue of her father’s estate. As there was no definite proof of value of the estate before the Surrogate and this is not an accounting proceeding (Matter of Apple, 141 Misc. 380; Matter of Lord, 155 Misc. 628), that portion of the decree below contained in the third ordering paragraph and marked “ IV ” was not a necessary or proper provision. All concur. (The portion of the decree appealed from construes a will.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ. [See 269 App. Div. 732.]

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Decree so far as appealed from modified on the law by striking .therefrom that portion of the third ordering paragraph marked therein “ IV ” and as so modified affirmed, without costs of this appeal to any party. Memorandum: The instrument of July 5, 1933, signed by Edith Hamlin Covill, is an acknowledgement of an advance of money payable only (unless she otherwise consented) after her death. The provisions of paragraph “third” of the last will and testament of the testator made such advance (unless Mrs. Covill otherwise consented) net only payable after her death but solely from her interest, if any, in the residue of her father’s estate. As there was no definite proof of value of the estate before the Surrogate and this is not an accounting proceeding (Matter of Apple, 141 Misc. 380; Matter of Lord, 155 Misc. 628), that portion of the decree below contained in the third ordering paragraph and marked “ IV ” was not a necessary or proper provision. All concur. (The portion of the decree appealed from construes a will.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ. [See 269 App. Div. 732.]

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268 A.D. 953, 51 N.Y.S.2d 267, 1944 N.Y. App. Div. LEXIS 4381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-will-of-hamlin-nyappdiv-1944.

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