In re the Final Judicial Settlement of the Accounts of Smith

Appellate Division of the Supreme Court of New York

In re the Final Judicial Settlement of the Accounts of Smith

253 A.D. 864, 1 N.Y.S.2d 561, 1938 N.Y. App. Div. LEXIS 8942

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 20, 1938

StatusPublished

This text of 253 A.D. 864 (In re the Final Judicial Settlement of the Accounts of Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Final Judicial Settlement of the Accounts of Smith, 253 A.D. 864, 1 N.Y.S.2d 561, 1938 N.Y. App. Div. LEXIS 8942 (N.Y. Ct. App. 1938).

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Opinion

Appeal from a decree of the Greene County Surrogate's Court. The will gave general legacies amounting to more than fifty-five hundred dollars. The funds of the estate applicable to those jegaeies was less than thirty-two hundred dollars. The decree directed a pro rata abatement. The appellant, an adopted daughter of testatrix, appeals asserting that she and her daughter should be preferred over other general legatees. Under the authorities (Matter of Neil, 238 N. Y. 138), as applied to the facts here present, a pro rata abatement was proper. Decree unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. Present — Hill, P. J., McNamee, Orapser, Bliss and Heffernan, JJ.

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Appeal from a decree of the Greene County Surrogate's Court. The will gave general legacies amounting to more than fifty-five hundred dollars. The funds of the estate applicable to those jegaeies was less than thirty-two hundred dollars. The decree directed a pro rata abatement. The appellant, an adopted daughter of testatrix, appeals asserting that she and her daughter should be preferred over other general legatees. Under the authorities (Matter of Neil, 238 N. Y. 138), as applied to the facts here present, a pro rata abatement was proper. Decree unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. Present — Hill, P. J., McNamee, Orapser, Bliss and Heffernan, JJ.

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Bluebook (online)

253 A.D. 864, 1 N.Y.S.2d 561, 1938 N.Y. App. Div. LEXIS 8942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-final-judicial-settlement-of-the-accounts-of-smith-nyappdiv-1938.

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