Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05785
Matter of Covington
Read the official decision: 2026 NY Slip Op 05785
Holding The Surrogate’s Court erred in dismissing the petition without a hearing because the verified allegations indicated the testator’s intent was not clear and unambiguous. The matter was remitted to allow the petitioner the opportunity to submit proof to establish the decedent’s intent.
The court’s words
The cardinal rule of construction of a will is to carry out the intent of the testator
2026 NY Slip Op 05785, at the official text
The heirs of a testator are favored by the policy of the law and cannot be disinherited upon mere conjecture
2026 NY Slip Op 05785, at the official text
the Surrogate's Court should have held a hearing to give the petitioner the opportunity to submit proof to establish the decedent's intent
2026 NY Slip Op 05785, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05785 |
| Area of law | Trusts, Estates and Guardianship |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05785 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1008 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Covington, 2026 NY Slip Op 05785 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05785/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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