In the Matter of the Probate of the Will of Jane E. Keleman, Deceased

Summary

The Court affirmed the surrogate's decree, holding that the codicil's bequest of the residuary estate to Townsend Wandell is an absolute devise, not a trust, and therefore valid. Extrinsic parol evidence was deemed inadmissible in the construction of the will, and any claim of fraud must be pursued in an equity action.