Appellate Division of the Supreme Court of New York, 1937

In re the Application for the Construction of Certain Provisions of the Will of Ward

In re the Application for the Construction of Certain Provisions of the Will of Ward
Appellate Division of the Supreme Court of New York · Decided May 5, 1937
251 A.D. 781; 296 N.Y.S. 437; 1937 N.Y. App. Div. LEXIS 7477
In re the Application for the Construction of Certain Provisions of the Will of Ward

Opinion of the Court

Decree affirmed, with costs payable out of the estate. Memorandum: We construe the word “ heirs ” in this will as comprising those who would have been heirs if testatrix’s son George had died contemporaneously with the testatrix and under this construction the respondent, the widow of the testatrix’s son George, is an heir of her husband. (Dec. Est. Law, §§ 81, 83; Matter of Chalmers, 264 N. Y. 239.) All concur. (The decree construes a will.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.