Appellate Division of the Supreme Court of New York, 1952

In re the Construction of the Will of von Isenburg

In re the Construction of the Will of von Isenburg
Appellate Division of the Supreme Court of New York · Decided May 27, 1952
279 A.D. 1070; 113 N.Y.S.2d 278; 1952 N.Y. App. Div. LEXIS 5862
In re the Construction of the Will of von Isenburg

Opinion of the Court

We think that under the circumstances presented in this ease, with correspondence between decedent and her attorneys stipulated into evidence, that decedent’s letter of January 2, 1939, completing the chain of correspondence and transmitting the will, was admissible. We do not rest our decision on this letter, but it does serve explicitly to confirm an intention with respect to the disposition of her property which was implicit in decedent’s will and actions. Present — Peek, P. J., Dore, Cohn, Callahan and Shientag, JJ. [See 280 App. Div. 766.]

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