In re the Estate of Judge — 226 N.Y. 695

Majority

p. 695

In the Matter of the Estate of Patrick Judge, Deceased. Elizabeth Judge, Appellant; John Tiernan, as Executor, et al., Respondents.

Headnote

Matter of Judge, 184 App. Div. 962 , affirmed.

(Argued May 19, 1919;

decided June 3, 1919.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1918, which affirmed a decree of the Oswego County Surrogate’s Court adjudging the second clause of the will of Patrick Judge, deceased, to be void. The clause in question was as follows: “ To my wife, Elizabeth Judge, I give, bequeath and devise her inchoate right of dower, as by law provided, and in personal distribution.” The surrogate held the wording “ so indefinite and uncertain that extrinsic evidence should not be considered in attempting a construction of the clause in question.”

John L. Mowrnighan and Avery 8. Wright for appellant.

J. T. McCaffrey, Edwin J. Mizen, D. P. Morehouse, Jr., Charles N. Bulger and Joseph H. Gill for respondent.

Order affirmed, with costs to each set of parties appearing on argument hereon by separate counsel, costs of special guardian payable out of estate; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.