Legal Opinion

In re Franklin Trust Co.

New York Surrogate's Court

Decided April 15, 1916PublishedCited by 2 opinions

Proceeding upon the judicial settlement of the "accounts of administrators with the "will annexed.

1Opinion of the Court

Ketcham, S.—

The, will under which this account is made contains the following:

“ Third. I give and bequeath all the securities of which I may die possessed, and by this I intend only securities, such as Government Bonds and Bank Stock, to Ellen Haslett • Thorne and Richard Van ■ Wyck Thome, children of Q. Maynard Thome, of New York City, to be divided between them, share and share alike.”

This legacy is as if the language thereof was “ I give the government bonds and bank stock of which I may die possessed.”

Authority amply sustains the claim that this was a specific legacy of all the securities…

2Cases cited7 opinions

  1. Tifft v. . PorterNew York Court of Appeals · 1853
  2. Towle v. SwaseyMassachusetts Supreme Judicial Court · 1870
  3. In re the Judicial Settlement of the Account of TailerAppellate Division of the Supreme Court of the State of New York · 1911
  4. Hamilton v. HamiltonNew York Supreme Court · 1911
  5. In re the Application for a Construction of the Last Will & Testament of WerleNew York Surrogate's Court · 1915

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

3Cited by2 opinions

  1. McArther v. McArtherCuyahoga County Probate Court · 1961
  2. In re StoiberNew York Surrogate's Court · 1918

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