In re the Accounting of Bank of New York

New York Surrogate's Court

In re the Accounting of Bank of New York

196 Misc. 236, 91 N.Y.S.2d 906, 1949 N.Y. Misc. LEXIS 2739

DecidedSeptember 30, 1949

StatusPublished

This text of 196 Misc. 236 (In re the Accounting of Bank of New York) 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 the Accounting of Bank of New York, 196 Misc. 236, 91 N.Y.S.2d 906, 1949 N.Y. Misc. LEXIS 2739 (N.Y. Super. Ct. 1949).

Pincite

Opinion

Boylan, S.

The objections filed by Frances E. Livingston, having been withdrawn, the account is approved as filed. The [237]*237executor is granted permission to abandon all property listed in schedule B-l of the account.

By the fifth paragraph of his will, the decedent bequeathed his “ household furniture and furnishings ” to a cousin, Helen Stafford Jefferson. The executor requests the court to instruct it as to whether the decedent’s automobile is included in “ household furniture and furnishings ”. It has been held that the words “ personal effects ” and “ household effects ” were broad enough to include an automobile. (Matter of Jones, 128 Misc. 244; Matter of Winburn, 139 Misc. 5; Matter of Burnside, 185 Misc. 808.) The word “ effects ” is a very general term. The words “ furniture ” and “ furnishings ” have definite, certain and limited meanings which do not include an automobile.

Enter decree accordingly.

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

Boylan, S.

The objections filed by Frances E. Livingston, having been withdrawn, the account is approved as filed. The [237]*237executor is granted permission to abandon all property listed in schedule B-l of the account.

By the fifth paragraph of his will, the decedent bequeathed his “ household furniture and furnishings ” to a cousin, Helen Stafford Jefferson. The executor requests the court to instruct it as to whether the decedent’s automobile is included in “ household furniture and furnishings ”. It has been held that the words “ personal effects ” and “ household effects ” were broad enough to include an automobile. (Matter of Jones, 128 Misc. 244; Matter of Winburn, 139 Misc. 5; Matter of Burnside, 185 Misc. 808.) The word “ effects ” is a very general term. The words “ furniture ” and “ furnishings ” have definite, certain and limited meanings which do not include an automobile.

Enter decree accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

196 Misc. 236, 91 N.Y.S.2d 906, 1949 N.Y. Misc. LEXIS 2739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-bank-of-new-york-nysurct-1949.

Opinion

Related

Cite This Page — Counsel Stack