MATTER OF BEHN


201 Misc. 12 (1951)

In the Matter of the Construction of The Will of Hernand Behn, Deceased.

Surrogate's Court, New York County.

May 31, 1951.


Attorney(s) appearing for the Case

Luke B. Lockwood, Walter A. Kernan and Glen B. Miller, Jr., for Sosthenes Behn, as executor of Hernand Behn, deceased, petitioner.

Walter D. Fletcher and Laurence D. Kieran for Sosthenes Behn, individually, respondent.

John G. Jackson, George B. Brooks and Robert A. Hack for Elisabeth Behn and others, respondents.

Gillespie & O'Connor for Catholic Charities of the Archdiocese of New York, respondent.

Mitchell, Capron, Marsh, Angulo & Cooney for National City Bank of New York, as trustee, respondent.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

John F. Keating, special guardian for Patricia I. Powell and others, infants, respondents.


COLLINS, S.

The questions raised in this proceeding for a construction of the will are disposed of as follows:

(1) In this unusual will knowledge of the facts and circumstances surrounding its execution was essential to the ascertainment of the true intention of the testator. Accordingly the court holds that extrinsic evidence was admissible. (Matter of Smith, 254 N.Y. 283; Matter of Hertzig...

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