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Matter of Hollmann

Surrogate's Court of the City of New York, Kings County
Feb 11, 1925
125 Misc. 790 (N.Y. Surr. Ct. 1925)

Opinion

February 11, 1925.

Richter Ross, for the petitioner.


Under paragraph "second" of decedent's will there is devised to his widow a life estate in his real and personal property, to which is added a power of disposition in her lifetime of his personal property. ( Leggett v. Firth, 132 N.Y. 7; Seaward v. Davis, 198 id. 415; Baumgras v. Baumgras, 5 Misc. 8; Thomas v. Wolford, 49 Hun, 145; Kendall v. Case, 84 id. 124; Mitchell v. Van Allen, 75 A.D. 297; Matter of Hart, 122 Misc. 124.)

The death of Edward Hollmann, unmarried, during the lifetime of the decedent has resulted in intestacy as to the one-fifth of the remainder in the residuary estate designed for him. ( Wright v. Wright, 225 N.Y. 329, and cases cited at p. 341; Matter of Barrett, 132 A.D. 134.) The gift was intended for the named children of the decedent as tenants in common, and not to them as a class.

There is no language in the will, which, by expression or implication, requires the widow to elect between dower and the provisions contained in the will for her benefit. She is, therefore, entitled to both. ( Konvalinka v. Schlegel, 104 N.Y. 125; Horstmann v. Flege, 172 id. 381; Matter of Ellinger, 120 Misc. 276, and cases cited.)

Let a decree be presented accordingly.


Summaries of

Matter of Hollmann

Surrogate's Court of the City of New York, Kings County
Feb 11, 1925
125 Misc. 790 (N.Y. Surr. Ct. 1925)
Case details for

Matter of Hollmann

Case Details

Full title:In the Matter of the Petition of SOPHIE HOLLMANN, to Render and Settle Her…

Court:Surrogate's Court of the City of New York, Kings County

Date published: Feb 11, 1925

Citations

125 Misc. 790 (N.Y. Surr. Ct. 1925)
211 N.Y.S. 173

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