Legal Opinion
In re the Estate of Porter
New York Surrogate's Court
Decided April 20, 1934PublishedCited by 1 opinion
1Opinion of the Court
Wingate, S.
Where the estate for distribution is not sufficient to pay the general legacies in full, such legacies shall abate pro rata. To this doctrine there are but few exceptions. One is urged as applicable here, namely, that where a legacy is given for the support or maintenance of a near relative, otherwise unprovided for, it will be presumed that the testator intended that payment thereof should be preferred above payment of other general legacies, and that such legacy should not abate. (Matter of Neil, 238 N. Y. 138; Matter of Chauncey, 119 id. 77; Bliven v. Seymour, 88 id. 469; Matter…
2Cases cited7 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- In Re the Accounting of NelsonNew York Court of Appeals · 1924
- In re the Judicial Settlement of the Account of Proceedings of LlyodAppellate Division of the Supreme Court of the State of New York · 1915
- Petrie v. PetrieNew York Supreme Court · 1872
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3Cited by1 opinion
- In re the Estate of WardNew York Surrogate's Court · 1937