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Will of Hoffman
New York Supreme Court Appellate Division
385 N.Y.S.2d 49 (1976)
- Written by Sean Carroll, JD
Facts
Mary Hoffman died in 1951. Hoffman’s will, which was executed in 1950, established a trust in favor of her two cousins. The will provided that if one of the cousins died, that cousin’s share of the benefits would be paid to the cousin’s issue. One cousin died in 1965 and was survived by a daughter and a son named Stephen. Stephen died in 1972 and was survived by his two children. However, Stephen was not married to the children’s mother. The surrogate court ruled that by “issue,” Hoffman did not include illegitimate children in her estate.
Rule of Law
Issue
Holding and Reasoning (Birns, J.)
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