New York Court of Appeals

In the Matter of Proving the Last Will and Testament of Hiram Vowers, Deceased

June 4, 1889113 N.Y. 569

Summary

The New York Court of Appeals held that the widow was entitled to an implied legacy equal to her intestate distributive share of the personal estate, reversing the surrogate and General Term. The Court allowed the widow to raise a construction issue on probate and applied the Code of Civil Procedure § 2624 to permit that issue.