Legal Opinion

In re the Estate of Anderson

New York Surrogate's Court

Decided September 27, 1960Published

1Opinion of the Court

S. Samuel Di Falco, S.

The petition of the accounting executors requests determination of several questions relating to distribution of the estate. The following rulings are made on the questions thus presented:(1) The parties have properly construed the gifts to Elizabeth Dyker, William Dyker, Ruby Duncan and Harry Duncan, Jr., as general legacies. The provision in the will amounts, in effect, to a direction to the executors to purchase such bonds out of her estate generally, and such a gift is regarded as a general legacy. (4 Page, Wills, § 1397; Matter of Dressler, 122 Misc. 347; Matter of…

2Cases cited5 opinions

  1. Matter of LendleNew York Court of Appeals · 1929
  2. In re the Estate of DurkinNew York Surrogate's Court · 1937
  3. In re the Construction of the Will of GranthamNew York Court of Appeals · 1952
  4. In re the Construction of the Will of GranthamAppellate Division of the Supreme Court of the State of New York · 1951
  5. In re the Estate of DresslerNew York Surrogate's Court · 1924

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