MATTER OF FORD


16 A.D.2d 683 (1962)

In the Matter of The Estate of Hannah Ford, Deceased. Aloysius L. McGarry et al., Appellants; Agnese C. Herrstrom, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 23, 1962


Decree affirmed, with costs to all parties filing separate briefs, payable out of the estate.

The absolute gift of real property in the first paragraph of the will was not cut down by the fourth paragraph, since the words and phrases in the fourth paragraph are not as clear, definite, decisive and imperative as the words in the first paragraph devising an absolute fee (Tillman v. Ogren, 227 N.Y. 495, 505; Banzer v. Banzer, 156 N.Y. 429, 435). In any...

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