In re the Estate of Alexander
In re the Estate of Alexander
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, and the decree of the Surrogate’s Court, Monroe County, construing decedent’s will reinstated.
Decedent was survived by three children, a son from a marriage that ended in divorce and two daughters from a second marriage. Within 10 separate provisions of his will, decedent disposed of his property and provided for administration of his estate making specific grants in express, particular, and consistent terms. In the will’s residuary clause decedent directed that the remainder of his estate “be divided into equal shares, making one share for each of my daughters,” it being further provided that out of this remainder one daughter should receive specific real property, if and only if the two shares could remain equal in value. The clause’s final sentence, however, provides “[i]n respect to each of my children living at my death, I give, devise and bequeath one such share to each such child.”
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur in memorandum.
Order reversed, etc. '
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Reference
- Full Case Name
- In the Matter of the Estate of Jon H. Alexander, Central Trust Company, Appellants John H. Alexander
- Cited By
- 1 case
- Status
- Published