New York Court of Appeals
In the Matter of the Probate of the Will of Charles F. Hoffman, Deceased. Rosalie A. Avery, Appellants; v…
March 21, 1911201 N.Y. 247
Summary
The Court of Appeals held that the trusts created by the will and codicil are valid, that the failure of a portion of the residuary estate does not increase the shares of surviving legatees but passes to the heirs, and that the testator died intestate as to the shares allotted to his sister Wilhelmina and brother John, which must be distributed among his next of kin.