Legal Opinion

In re the Will of Brown

New York Surrogate's Court

Decided May 19, 1947Published

1Opinion of the Court

Paul, S.

This is a proceeding to construe the will of the decedent. The questions involve the matter of a mortgage specifically bequeathed but .paid to the decedent before her death, also certain shares of stock bequeathed by the will but which were sold by the decedent in her lifetime.

As to the mortgage, there was a balance of about a thousand dollars of principal owing on the same when it was acquired by the decedent. It was fully paid to her before she died. Her will states the following in reference thereto: “ Item II: (b) To pay over to my niece, Emogene H. Eldridge, the net income from a…

2Cases cited11 opinions

  1. In Re the Accounting of BrannNew York Court of Appeals · 1916
  2. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  3. Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
  4. In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931
  5. Ametrano v. . DownsNew York Court of Appeals · 1902

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