MATTER OF HEALY


22 A.D.2d 868 (1964)

In the Matter of the Construction of The Will of Thomas Healy, Deceased. Arthur K. Healy et al., Appellants; Thomas S. Healy et al., Respondents

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

December 10, 1964


Decree entered August 5, 1964, construing the will, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the petition dismissed on the ground it was an unnecessary exercise of discretion, without costs.

The general rule is to refuse to exercise discretion in aid of a construction unless there is a present need therefor. (Matter of Lederer, 4 A.D.2d 623, 625.) A Surrogate is not required to...

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