In re the Estate of Fox

New York Surrogate's Court

In re the Estate of Fox

126 Misc. 767, 215 N.Y.S. 648, 1926 N.Y. Misc. LEXIS 958

DecidedFebruary 24, 1926

StatusPublished

This text of 126 Misc. 767 (In re the Estate of Fox) 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 Estate of Fox, 126 Misc. 767, 215 N.Y.S. 648, 1926 N.Y. Misc. LEXIS 958 (N.Y. Super. Ct. 1926).

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Opinion

O’Brien, S.

The executor’s discretion to be exercised in carrying out the directions of paragraph “ second ” of the will was not controlled or limited by the language used in said paragraph or in the rest of the will. Failure to comply precisely and literally with the directions set forth therein by omitting the stones deemed to be “ imitation ” or damaged or of small value from the ostensorium is not such a variance from the directions of testatrix as will warrant the court’s disapproval of the account. Let the stones omitted [768]*768and the ostensorium be delivered to the beneficiary and let the statement in “ Schedule E-l ” alleging the tender and refusal of the bequest be stricken from said account. Submit decree on notice.

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O’Brien, S.

The executor’s discretion to be exercised in carrying out the directions of paragraph “ second ” of the will was not controlled or limited by the language used in said paragraph or in the rest of the will. Failure to comply precisely and literally with the directions set forth therein by omitting the stones deemed to be “ imitation ” or damaged or of small value from the ostensorium is not such a variance from the directions of testatrix as will warrant the court’s disapproval of the account. Let the stones omitted [768]*768and the ostensorium be delivered to the beneficiary and let the statement in “ Schedule E-l ” alleging the tender and refusal of the bequest be stricken from said account. Submit decree on notice.

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Bluebook (online)

126 Misc. 767, 215 N.Y.S. 648, 1926 N.Y. Misc. LEXIS 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-fox-nysurct-1926.