In this probate proceeding the proponent also requests a construction of the will.
The court undoubtedly has power to construe a will at any stage (Surrogate's Ct. Act, § 145), however, when a construction is sought during the probate proceeding the court will, in its discretion, grant the application only when there is a showing of an essential need for construction. It has been uniformly held that the exercise of the...
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