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2 Dem. Sur. 209

Tiers v. Tiers

New York Surrogate's Court

Decided January 15, 1883

New York Surrogate's Court · decided 1883-01-15

Oír the application for probate of decedent’s will, made by Alexander H. Tiers, one of the executors therein named, Alice J. Tiers, one of the next of kin, objected that the instrument suspended the power of alienation for more than two lives in being at the time of its execution, and asked for a construction thereof. Decedent was a resident of the city of New York, and the will was executed in the State of Pennsylvania.

Decided 1883-01-15

The Surrogate.

¶1The limitations of the Surrogate’s jurisdiction, under § 2624 of the Code, to determine, upon rendering a decree admitting a will to probate, its “validity, construction or effect,” are not open to - - 8-misconstruction.

¶2The court5 s authority in the premises is strictly confined to wills “executed within the State ” and by “a resident of the State.” I am not, therefore, justified in allowing costs to the party who sought to obtain a construction of this decedent’s will, in view of the fact that the instrument was admittedly . executed outside the limits of the State of Hew York.

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