Flagler v. Flagler

Summary

The court construed a will to determine whether money found in the decedent’s desk passed to the residuary beneficiaries or remained undisposed personal property. It held that the residuary bequest included the desk and the money contained in it, except for specified title deeds, and affirmed the surrogate’s decision with costs.

Holdings

1. The money in the decedent's desk was excluded from the widow's bequest and passed under the residuary clause to the children of the testator's brother Zachariah, except David.

Questions Presented

1. Whether money found in the decedent's desk was included in the widow's legacy and household-furnishings bequest.
2. Whether the money instead passed to the residuary devisees and legatees under the will.

Disposition

affirmed