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Court Interpretes Last Will and Testament


This is a probate matter dealing with the will of the decedent. In this proceeding it has been requested that a construction of specific paragraphs of the decedents will be conducted. A New York Probate Lawyer said in the second paragraph of the will it is clearly written that the premises located at 42-32 81st Street in Elmhurst, Queens County, New York be left to her daughter. The condition to the home being given to her daughter is that it cannot be sold until ten years after the decedent’s death.

In the seventh paragraph of the will the testator named her other daughter as the sole beneficiary of the income of the home located at 42-30 81st Street in Elmhurst, Queens County, New York. The paragraph goes on to state that if the marital relationship between her daughter and her daughter’s husband is terminated either by the death of the husband or through divorce the property is to be hers absolutely and forever.

Court Decision

A Nassau County Probate Lawyer said on the issue involving the property left to her first daughter in the second paragraph of the will, the restraint of not being able to sell the home for ten years is void and can be disregarded. For the property left to her other daughter the provision of the termination of her marriage is deemed void as it tends to induce the daughter to procure a divorce. A Staten Island Probate Lawyer said for this reason, that statement will be eliminated and the daughter is found to be the sole owner of the premises, without any restrictions.

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