Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

In the Matter of the Estate of Eugenia Herceg

Surrogate's Court, Broome County
193 Misc.2d 201, 747 N.Y.S.2d 901 (2002)


Eugenia Herceg died leaving a will, executed in 1999, that included a residuary clause. However, the residuary clause did not name the intended beneficiary. The lawyer who drafted the will explained that the drafting software apparently failed to print the beneficiary's name. Columba Pastorino (plaintiff), Herceg's executrix, petitioned to have the residuary clause construed as naming Herceg's nephew, Sergio Pastorino, as beneficiary. The nephew had been named residuary beneficiary in Herceg's previous will, which was executed in 1997. The nephew died before Herceg, and under the 1997 will Columba Pastorino succeeded the nephew as Herceg's beneficiary. Herceg's niece, who would have been one of the beneficiaries under the law of intestacy, disclaimed any desire to do so and supported Columba Pastorino's petition. In considering Pastorino’s petition, the surrogate’s court faced two conflicting lines of precedent: (1) that a court should not supply terms that are missing from a will, and (2) that a court should strive to ascertain the testator's objective so as to avoid intestacy.

Rule of Law


Holding and Reasoning (Peckham, S.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial