In re the Judicial Settlement of the Final Account of Proceedings of King

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Final Account of Proceedings of King

256 A.D. 844, 9 N.Y.S.2d 445, 1939 N.Y. App. Div. LEXIS 5113

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

DecidedJanuary 30, 1939

StatusPublished

Cited by1 cases

This text of 256 A.D. 844 (In re the Judicial Settlement of the Final Account of Proceedings of King) 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.

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In re the Judicial Settlement of the Final Account of Proceedings of King, 256 A.D. 844, 9 N.Y.S.2d 445, 1939 N.Y. App. Div. LEXIS 5113 (N.Y. Ct. App. 1939).

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Opinion

In an accounting proceeding in the Surrogate’s Court, Westchester county, the appellants, general legatees, object to the executors’ account as filed. The estate did not yield enough to satisfy the widow’s elective share and to pay all the bequests made in the will. The executors, after paying the widow’s share, paid the sum remaining toward satisfaction of a specific legacy. The appellants, general legatees, object and contend that because of the inadequacy of the estate to meet the bequests made in The will, the specific legacy should abate pro rota with the general legacies. The surrogate found that the testator’s primary intention was to provide an income for the specific legatee, overruled appellants’ objection, and allowed the account as filed. Decree, in so far as appeal is taken, unanimously affirmed, with costs to all respondents filing briefs, payable out of the estate. No opinion. Present — Lazansky. P. J-, Carswell, Johnston, Adel and Close, JJ. [166 Mise. 621.]

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In an accounting proceeding in the Surrogate’s Court, Westchester county, the appellants, general legatees, object to the executors’ account as filed. The estate did not yield enough to satisfy the widow’s elective share and to pay all the bequests made in the will. The executors, after paying the widow’s share, paid the sum remaining toward satisfaction of a specific legacy. The appellants, general legatees, object and contend that because of the inadequacy of the estate to meet the bequests made in The will, the specific legacy should abate pro rota with the general legacies. The surrogate found that the testator’s primary intention was to provide an income for the specific legatee, overruled appellants’ objection, and allowed the account as filed. Decree, in so far as appeal is taken, unanimously affirmed, with costs to all respondents filing briefs, payable out of the estate. No opinion. Present — Lazansky. P. J-, Carswell, Johnston, Adel and Close, JJ. [166 Mise. 621.]

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256 A.D. 844, 9 N.Y.S.2d 445, 1939 N.Y. App. Div. LEXIS 5113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-final-account-of-proceedings-of-king-nyappdiv-1939.

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