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Henney v. Ertl

Decided: February 21, 1950.

CHARLES E. HENNEY, EXECUTOR OF LAST WILL AND TESTAMENT OF ELIZABETH H. HENNEY, DECEASED, PLAINTIFF,
v.
ELIZABETH FRANCES ERTL, ET AL., DEFENDANTS



Jayne, J.s.c.

Jayne

The plaintiff in his representative capacity as the surviving executor of the two designated in the last will and testament of Elizabeth H. Henney, deceased, has instituted this action to elicit the convictions of the court in certain particulars appertaining to the administration of the decedent's estate.

Proceedings of this nature are not an unprecedented consequence where, as here, a testatrix endeavors to compose her will without the aid of a member of the bar.

The incertitude of the plaintiff embraces four inquiries which were specifically propounded at the pretrial conference. It will be expedient to consider each in sequence.

As a prelude it will be advantageous to transcribe here the articles of the will which are of superior relevancy:

"First. I nominate and appoint my brother Joseph Henney of the City of Buffalo, New York, and my nephew, Charles E. Henney of the City of Trenton, New Jersey executors of this my last will and testament.

"Second. I do hereby direct that my executors be not required to give bond for the faithful performance of their duties under my will, since I am leaving to each of them a slightly higher percentage of my estate, feeling it will pay them for their time & work.

"Eighth. I wish my executors to give to my relatives the World War II Bond bearing his name as well any percentage of money or articles mentioned in this will.

"I wish the following disposition of money and its equivalents

1

To my brother Joseph Henney 40%

To Charles E. Henney 12%

To each of the following

1. Elizabeth Frances Ertl 4%

2. Ruth H. Franklin 4%

3. John Van Buskirk 4%

4. Howarth Van Buskirk ...


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