Opinion · Nylaw New York

MATTER OF REHILL, 236 App. Div. 733 (1932)

In the Matter of Petition of ALICE G. REHILL for a Constr. of theLast Will & Testament of JOHN T. REHILL, Late of the County ofWestchester, Deceased.GERTRUDE v. REHILL HENNESSEY, Individually as One of the Legatees & asExecutrix Named in the Last Will & Testament of JOHN T. REHILL, Deceased,and Others, Appellants; ALICE G. REHILL, as Ex’[r, x], etc., of JOHN T.REHILL, Deceased, Respondent., 236 A.

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1932-01-01
Topic
general

MATTER OF REHILL, 236 App. Div. 733 (1932) In the Matter of the Petition of ALICE G. REHILL for a Construction of theLast Will and Testament of JOHN T. REHILL, Late of the County ofWestchester, Deceased.GERTRUDE V. REHILL HENNESSEY, Individually as One of the Legatees and asExecutrix Named in the Last Will and Testament of JOHN T.

Citator

UpLaw has not yet analyzed MATTER OF REHILL, 236 App. Div. 733 (1932). The absence of a flag is not a finding that it is good law.

MATTER OF REHILL,236 App. Div. 733(1932)
In the Matter of the Petition of ALICE G. REHILL for a Construction of the
Last Will and Testament of JOHN T. REHILL, Late of the County of
Westchester, Deceased.
GERTRUDE V. REHILL HENNESSEY, Individually as One of the Legatees and as
Executrix Named in the Last Will and Testament of JOHN T. REHILL, Deceased,
and Others, Appellants; ALICE G. REHILL, as Executrix, etc., of JOHN T.
REHILL, Deceased, Respondent.
Appellate Division of the Supreme Court of New York, Second Department.
July, 1932.
Decree of the Surrogate's Court of Westchester county affirmed, with costs to respondent payable out of the estate. No opinion.
Lazansky, P.J., Kapper, Carswell and Tompkins, JJ., concur; Young, J., dissents, with the following memorandum:
It seems to me there is a clear intention shown here that the widow was to have no dower. The lease continues for fifty years. If the widow gets dower as well as the amount specifically given here, she will receive one-half of this rent, $3,750, annually as long as she lives, and the five children $750 each. The testator never intended this and the allowance of dower clearly defeats the scheme of the will. [142 Misc. 502.]