(Download) "Matter Estate Edna M. Nichol" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Estate Edna M. Nichol
- Author : Supreme Court of New York
- Release Date : January 14, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
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[32 A.D.2d 541 Page 542] In our opinion, the presumption to include appellant as an adopted child (Matter of Park, 15 N.Y.2d 413, 417) was not rebutted
by "an explicit purpose stated in the will" (cf. Matter of Silberman, 23 N.Y.2d 98). The determination of the Surrogate required
a finding of intention from incongruous designations of legatees in vacuo and had no factual basis to overcome the Park presumption
which would include appellant as one entitled to share in the bequest of the subject one-fourth portion of the residuary estate.
(Cf. Matter of Ricks, 18 N.Y.2d 640.) Disposition Decree modified, on the law, by striking out the first decretal paragraph
thereof, which construed the "Fifth" article of the will, and by remitting the proceeding to the court below for the purpose
of holding a hearing to enable the cross appellant to adduce extrinsic evidence, if available, of the testatrix' intention
to exclude appellant from sharing in the subject portion of the residuary estate. As so modified, decree affirmed insofar
as appealed from, without costs. The findings of fact below have not been affirmed. The learned Surrogate did not hold a hearing
on the petition or entertain oral argument, the determination being rendered on the pleadings and memoranda of law submitted
by the respective attorneys.