MATTER OF WIGGERT


5 Misc.2d 858 (1956)

In the Matter of the Construction of the Will of William Wiggert, Deceased.

Surrogate's Court, Suffolk County.

December 10, 1956.


Attorney(s) appearing for the Case

Warren Liburt for Percy Ingerman, executor, petitioner.

John M. Lockwood, special guardian.

Jacob K. Javits, Attorney-General, in his statutory capacity under section 12 of the Personal Property Law and section 113 of the Real Property Law.


EDGAR F. HAZLETON, S.

The construction question submitted herein is answered as follows: The testator died in a common disaster with his wife, Anna Wiggert, and his will has been admitted to probate by this court. The specific devise of real property of the decedent to his wife was conditioned on her surviving him so that under the facts here presented, the legacy must be deemed to have lapsed and fallen into the residuary estate. Since there is no evidence...

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