In Re the Accounting of Security Trust Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1917, which affirmed a decree of the Monroe County Surrogate’s Court judicially settling the accounts of the executors of James T. Miller, deceased. The facts, so far as material, are stated in the opinion. The legacies in question are not specific.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1917, which affirmed a decree of the Monroe County Surrogate’s Court judicially settling the accounts of the executors of James T. Miller, deceased. The facts, so far as material, are stated in the opinion. The legacies in question are not specific. (Tifft v. Porter, 8 N. Y. 516; Crawford v. McCarthy, 159 N. Y. 514.) A testator may create a specific legacy in his own terms. (10 Am. & Eng. Ency. of Law [2d ed.J, 715, 716.) The testator made a gift to certain individuals of…
1Opinion of the CourtCrane, J.
James T. Miller died'at Rochester, New York, August 19th, 1913, leaving a last will and testament wherein he bequeathed 2,024 shares of the capital stock of the Kee Lox Manufacturing Company of Rochester, in various amounts, to thirteen relatives and seven employees of the company.
The following may be taken as the form of each such bequest, the amounts, however, differing in some cases:
“I give and bequeath to my sister, Louisa J. Eeynolds, Five Thousand (5,000) Dollars; also two hundred (200) shares of stock of the Kee Lox Manufacturing Company; to my sister, Effie 0. Moore, Five Thousand…
2Cases cited10 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Tifft v. . PorterNew York Court of Appeals · 1853
- Walton v. WaltonNew York Court of Chancery · 1823
- Davis v. . CrandallNew York Court of Appeals · 1886
- Brundage v. . BrundageNew York Court of Appeals · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Buck v. PetersonCalifornia Supreme Court · 1948
- Cuppett v. NeillyWest Virginia Supreme Court · 1958
- In re the Construction of the Last Will & Testament of StrasenburghNew York Surrogate's Court · 1928
- In re the Estate of MitchellNew York Surrogate's Court · 1921
- Shriners Hospitals for Crippled Children v. EmrieSupreme Court of Missouri · 1961
51 more not listed; retrieve them via the Exa API.