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Matter of Brooklyn Trust Company

Court of Appeals of the State of New York
Feb 9, 1932
258 N.Y. 592 (N.Y. 1932)

Summary

inserting the word "not" into the residuary clause of a will when the omission was an apparent scrivener's error, and inserting the missing word "would transform the clause in question from an unusual one to a usual one, make the distribution equitable and consistent with all the expressions of the will and with well-recognized rules of construction"

Summary of this case from In re Gancaz

Opinion

Argued January 5, 1932

Decided February 9, 1932

Appeal from the Supreme Court, Appellate Division, Second Department.

Walter J.A. Mack and Theodore G. Clarke for appellants.

Edward A. Ingraham and George S. Ingraham for respondents.


Order affirmed, with costs payable out of the estate, on the ground stated in the concurring memorandum at the Appellate Division; no opinion.

Concur: CARDOZO, Ch. J., POUND, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ. Not sitting: CRANE, J.


Summaries of

Matter of Brooklyn Trust Company

Court of Appeals of the State of New York
Feb 9, 1932
258 N.Y. 592 (N.Y. 1932)

inserting the word "not" into the residuary clause of a will when the omission was an apparent scrivener's error, and inserting the missing word "would transform the clause in question from an unusual one to a usual one, make the distribution equitable and consistent with all the expressions of the will and with well-recognized rules of construction"

Summary of this case from In re Gancaz
Case details for

Matter of Brooklyn Trust Company

Case Details

Full title:In the Matter of the Accounting of BROOKLYN TRUST COMPANY, as Executor of…

Court:Court of Appeals of the State of New York

Date published: Feb 9, 1932

Citations

258 N.Y. 592 (N.Y. 1932)
180 N.E. 346

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