Legal Opinion

In re the Will of Hinman

New York Surrogate's Court

Decided October 15, 1900PublishedCited by 9 opinions

Proceedings for the final settlement of the accounts of the executor of the will of Henry L. Hinman, deceased.

1Opinion of the Court

AeNold, S.

— Tbe will of tbe decedent gives to various persons general legacies, amounting in tbe aggregate to almost $20,000.

It appears in tbis proceeding tbat tbe assets are insufficient to pay these legacies in full. Upon tbe settlement of tbe decree, tbe question arises whether the decree shall direct that all general legacies shall abate pro rata, or whether the legacy given to Morris E. Hinman is entitled to be preferred. The provision for Morris E. Hinman is as follows: “ I give to George M. Jarvis in trust for the benefit of my brother Morris E. Hin-man, the sum of $4,000 to be kept…

2Cases cited4 opinions

  1. Bliven v. . SeymourNew York Court of Appeals · 1882
  2. Wood v. VandenburghNew York Court of Chancery · 1837
  3. In Re the Judicial Settlement of the Accounts of ChaunceyNew York Court of Appeals · 1890
  4. Wetmore v. New York Institution for the BlindNew York Supreme Court · 1890

3Cited by9 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
  3. In re the Estate of MeekNew York Surrogate's Court · 1920
  4. In re the Estate of SharffNew York Surrogate's Court · 1930
  5. In re the Estate of ClarkeNew York Surrogate's Court · 1936

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