160 N.Y.S. 937 | N.Y. App. Div. | 1916
The testator, Schriever, whose will, executed in 1899, has been construed by the surrogate, died in 1910, leaving a widow, now living and unmarried, a son, Henry, and a daughter, Annie 0. McElroy. • On May 17, 1899, the testator received a telegram announcing that the sender, McElroy, had married testator’s daughter on the previous evening. Under the date of May twenty-third following, a layman wrote the will on a blank form. After the usual introductory clause came this “First. After my lawful debts are paid, I give, & bequeth to my wife the income of all my real & personal estate while she remains my widow, should she remarry I want my estate to be divided as follows, as written & mentioned on Page 2 of this Will.” At this point was attached the telegram with the usual heading, the message, and McElroy’s name. The will then was continued: “I hereby appoint my son Henry J. Schriever of New York City to be executor of this my last Will and Testament: hereby revoking all former Wills.” Then follow the usual subscription sentence, the testator’s name, the declaration and signatures of the witnesses. On page 2 is this: “Page (2) two To my wido whatever the law allows her, in lieu of dower & remainder to be divided as hereafter mentioned. (1st) I bequeth to my wife & executor power to sell whatever real estate I may own at the time of my death if they deem it to advantage. (2nd) I bequeath to my daughter
The decree of the Surrogate’s Court of Rockland county should be affirmed, without costs.
Jenks, P. J., Carr, Stapleton and Putnam, JJ., concurred.
Decree of Surrogate’s Court of Rockland county affirmed, without costs.