In re the Estate of Fogarty
New York Surrogate's Court
1Opinion of the Court
Feely, S.
When this testator in 1932, after having given merely the common direction, in general terms, to pay all his just debts and funeral expenses, then expressed his last will also to be that a specified parcel of his land, on which there was a mortgage *79that he had assumed and agreed to pay off as part of its purchase price, be given to a person other than those to whom his movable property had been bequeathed, he did not make it clear on the face of the will what, if anything, he meant should be done in respect of the debt secured by that mortgage. The devisee claims that this mortgage,…
2Cases cited9 opinions
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Wright v. . HolbrookNew York Court of Appeals · 1865
- In re United States Mortgage & Trust Co.New York Surrogate's Court · 1929
- Cochrane v. HawverNew York Supreme Court · 1889
- Lamport v. BeemanNew York Supreme Court · 1861
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3Cited by4 opinions
- Caruthers v. BuscherCourt of Special Appeals of Maryland · 1978
- In Re Cummings' EstateSupreme Court of Oklahoma · 1945
- Ashkenazy v. Ashkenazy's EstateDistrict Court of Appeal of Florida · 1962
- Biby v. CummingsSupreme Court of Oklahoma · 1945