Citation Numbers: 182 N.E. 79, 259 N.Y. 449
Judges: <italic>Per Curiam.</italic>
Filed Date: 7/19/1932
Status: Precedential
Modified Date: 1/12/2023
We find in the language of the will when read in connection with the codicils, a clear intent on the part of the testator that the children of his deceased son, Lorenzo Burrows, who are of his next-of-kin, should take under his will by right of substitution. (Matter of Evans,
The order of the Appellate Division should be reversed and the decree of the Surrogate's Court affirmed, with *Page 452 costs in the Appellate Division and in this court, payable out of the estate.
CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ., concur; POUND, Ch. J., not voting.
Ordered accordingly.