In re the Accounting of Roth

194 Misc. 200, 86 N.Y.S.2d 312, 1949 N.Y. Misc. LEXIS 1759
CourtNew York Surrogate's Court
DecidedJanuary 17, 1949
StatusPublished
Cited by2 cases

This text of 194 Misc. 200 (In re the Accounting of Roth) 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 Roth, 194 Misc. 200, 86 N.Y.S.2d 312, 1949 N.Y. Misc. LEXIS 1759 (N.Y. Super. Ct. 1949).

Opinion

Collins, S.

In her final accounting the executrix requests a construction of paragraph fifteenth of decedent’s will in which she bequeathed one share of her residuary estate to a member of the Society of Jesus with the request that he say masses for the repose of the souls of members of decedent’s family. The priest predeceased the decedent.

[201]*201Other bequests for the celebration of masses and also to charitable organizations were made in decedent’s will. The court holds that the bequest in paragraph fifteenth should be paid to the New York Province of the Society of Jesus for the celebration of masses for the repose of the souls of decedent’s family. In this manner the expressed desires of the testatrix will be upheld. (Matter of Morris, 227 N. Y. 141,144.)

Submit decree on notice settling the account and construing the will accordingly.

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Related

In re the Estate of Scott
5 Misc. 2d 690 (New York Surrogate's Court, 1956)
In re the Accounting of Union Trust Co.
9 Misc. 2d 958 (New York Surrogate's Court, 1951)

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Bluebook (online)
194 Misc. 200, 86 N.Y.S.2d 312, 1949 N.Y. Misc. LEXIS 1759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-roth-nysurct-1949.