Botsford v. Fuller
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Chenango county. Petition by Marcus D. Botsford and another, as surviving executors of the will of Devillo White, deceased, for a final settlement of their accounts. From a decree directing a legacy represented by Charles A. Fuller, as administrator of Linn S. Shipman, deceased, to be paid in full (52 N. Y. Supp. 238), Marcus D. Botsford, a residuary legatee, appeals.
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Appeal from surrogate’s court, Chenango county. Petition by Marcus D. Botsford and another, as surviving executors of the will of Devillo White, deceased, for a final settlement of their accounts. From a decree directing a legacy represented by Charles A. Fuller, as administrator of Linn S. Shipman, deceased, to be paid in full (52 N. Y. Supp. 238), Marcus D. Botsford, a residuary legatee, appeals. The controversy upon this appeal relates to the fifth clause of the will of Devillo White. The will bears date December 6, 1882, was wholly in the handwriting of the testator, and was duly admitted…
1Opinion of the CourtMerwin, J.
The legacies in form given by the fifth clause of the will amount to $44,000. The fund is only $40,000. One of the legacies—that of $5,000 to the supervisor of the town of Sherburne—is invalid. The fund, then, being sufficient to pay the valid legacies, is the respondent, who represents the legacy of $2,000 to L. S. Shipman, entitled to full payment? The appellant, representing the residuary legatees, claims that they are entitled to whatever amount would have *497been applicable upon the invalid legacy had it been valid, upon the theory that the residuary legatee is entitled to lapsed legacies,…
2Cases cited1 opinion
- Wetmore v. New York Institution for the BlindNew York Supreme Court · 1890