Legal Opinion

In re the Estate of Gerringer

New York Surrogate's Court

Decided January 13, 1969Published

1Opinion of the Court

William J. Began, S.

This is a judicial settlement of an insolvent estate. In order that funeral and administration *868expenses and preferred debts be paid it will be necessary that general legacies abate.

There are nine general legacies in varying amounts. One of these is, “ (I) To the Pastor of the Church of the Assumption at Lancaster, New York (commonly known as St. Mary’s Roman Catholic Church) the sum of One Hundred Dollars ($100.00) for Masses for the repose of my soul. ’ ’ The question has been raised as to whether this bequest is a preferred legacy entitled to a statutory preference as a…

2Cases cited4 opinions

  1. In re the Transfer Tax upon the Estate of McAvoyAppellate Division of the Supreme Court of the State of New York · 1906
  2. In re the Estate of BreckwoldtNew York Surrogate's Court · 1941
  3. In re the Accounting of CoppersNew York Surrogate's Court · 1950
  4. In re the Estate of CunninghamNew York Surrogate's Court · 1931

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