In re Colburn's Estate

New York Surrogate's Court

In re Colburn's Estate

157 N.Y.S. 676

CourtNew York Surrogate's Court

DecidedDecember 17, 1915

StatusPublished

Cited by2 cases

This text of 157 N.Y.S. 676 (In re Colburn's Estate) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Colburn's Estate, 157 N.Y.S. 676 (N.Y. Super. Ct. 1915).

Pincite

Opinion

COHALAN, S.

I am of opinion that the residuary bequests to the American Association for the Advancement of Science and the [677]*677Carnegie Institution of Washington are within the prohibition of section 17 of the Decedent Estate Law (chapter 360, Laws of 1860). The said bequests are valid to the extent of one-half of the value of the estate after the payment of debts. The amount which the above-named corporations may take is to be ascertained by computing the value of the estate (including the New Jersey real estate) as of the date of death of the testator, subtracting therefrom the decedent’s debts and dividing the remainder by two. Administration expenses do not enter into the calculation, and are not to be subtracted like the debts of the decedent. Estate of John H. Hughes, Surr. Decs., 1891, p. 171; Matter of Johnson, 76 Misc. Rep. 391, 137 N. Y. Supp. 166. The two corporate legatees should not receive any part of the income collected or accrued since the death of the decedent. Harris v. Am. Bible Soc’y, 4 Abb. Frac. (N. S.) 421.

Settle decree on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

COHALAN, S.

I am of opinion that the residuary bequests to the American Association for the Advancement of Science and the [677]*677Carnegie Institution of Washington are within the prohibition of section 17 of the Decedent Estate Law (chapter 360, Laws of 1860). The said bequests are valid to the extent of one-half of the value of the estate after the payment of debts. The amount which the above-named corporations may take is to be ascertained by computing the value of the estate (including the New Jersey real estate) as of the date of death of the testator, subtracting therefrom the decedent’s debts and dividing the remainder by two. Administration expenses do not enter into the calculation, and are not to be subtracted like the debts of the decedent. Estate of John H. Hughes, Surr. Decs., 1891, p. 171; Matter of Johnson, 76 Misc. Rep. 391, 137 N. Y. Supp. 166. The two corporate legatees should not receive any part of the income collected or accrued since the death of the decedent. Harris v. Am. Bible Soc’y, 4 Abb. Frac. (N. S.) 421.

Settle decree on notice.

Cite This Page — Counsel Stack

Bluebook (online)

157 N.Y.S. 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-colburns-estate-nysurct-1915.

Opinion

Related

Cite This Page — Counsel Stack