MATTER OF SCHERMERHORN


31 N.Y.2d 739 (1972)

In the Matter of The Estate of Julia Schermerhorn, Deceased. Simon J. Schermerhorn, Jr., as Administrator C. T. A. of Estate of Julia Schermerhorn, Deceased, Respondent. Cobblestone Reformed Church, Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1972.


Attorney(s) appearing for the Case

Harold E. Blodgett and Robert W. Zeuner for appellant.

Richard C. Bendall for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion.


Per Curiam.

The rationale of the Surrogate's opinion is convincing and the result correct; and we write only to note additional factors sustaining his construction. The latent ambiguity in the devise of "my residence" required proof of the surrounding circumstances "to explain to what particular pieces of land the language of the will referred" (Matter of Phipps, 214 N.Y. 378, 381, mot. for rearg. den. 215 N...

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