New York Court of Appeals
In the Matter of the Petition of William P. Zwilling, Appellants, for a Judicial Construction of the Will of…
May 29, 1928248 N.Y. 361
Summary
The New York Court of Appeals reversed the Appellate Division and construed the testatrix's will to give the nephews all income received by the trustee in excess of $200 per year, with any amount beyond $6,000 of total receipt passing to the residuary legatees. The Court based its decision on principles of will construction that give effect to clear gifts and favor the testator's blood relatives over strangers.