Legal Opinion
In re Brooklyn Trust Co.
New York Surrogate's Court
Decided January 15, 1924PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.
The account shows that the testatrix attempted to devise and bequeath more than the statute permits to a corporate charity. Her husband having survived her, by force of section 17 of the Decedent Estate Law, this disposition, to the extent to which the devise and bequests exceed one-half of her real and personal estate, remaining after the payment of debts, fails. The excess is to be disposed of as intestate property.
In ascertaining the half which may be taken by the charity, the increases in principal must be added to the value of the estate as of decedent’s death. See Matter of…
2Cases cited10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Jones v. . KellyNew York Court of Appeals · 1902
- Barber v. . TerryNew York Court of Appeals · 1918
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3Cited by5 opinions
- In re the Judicial Settlement of the Account of the Executors of the Estate of BlumenthalNew York Surrogate's Court · 1925
- In re the Judicial Settlement of the Account of Proceedings of ArnoltNew York Surrogate's Court · 1926
- In re the Estate of AppleNew York Surrogate's Court · 1931
- In re the Estate of RuttenauNew York Surrogate's Court · 1933
- In re DarcyNew York Surrogate's Court · 1927