Legal Opinion

In re the Estate of Trimbey

New York Surrogate's Court

Decided July 17, 1934PublishedCited by 3 opinions

1Opinion of the Court

Evans, S.

This is a proceeding for a judicial settlement.

Shrinkage in the value of the estate renders it necessary at this *345time to construe certain portions of the last will and. testament of the testator. The matters sought to be clarified may be grouped under three heads.

1. Are certain expenditures directed to be made under the will classified as funeral expenses?

2. Are legacies a charge upon real property?

3. Do legacies abate pro rata?

Funeral expenses are thus defined: “ The expression ‘funeral expenses ’ includes suitable church or other services, a burial lot and suitable monumental work…

2Cases cited6 opinions

  1. Matter of HoffmanNew York Court of Appeals · 1911
  2. Bliven v. . SeymourNew York Court of Appeals · 1882
  3. In Re the Accounting of NelsonNew York Court of Appeals · 1924
  4. Brill v. . WrightNew York Court of Appeals · 1889
  5. McGoldrick v. BodkinAppellate Division of the Supreme Court of the State of New York · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Estate of HochsterNew York Surrogate's Court · 1938
  2. In re the Estate of YoungNew York Surrogate's Court · 1939
  3. In re First National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939

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