Legal Opinion

In re the Estate of Lotsch

New York Surrogate's Court

Decided June 10, 1969PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett, S.

The court is asked to determine the proper allocation of administration expenses and in connection therewith must construe the will. This question is vitally important because there will be no residuary left after payment of debts and administration expenses under the usual rules of abatement, and general legacies will also have to abate. Administration expenses will amount to about $250,000, incurred during a difficult administration of more than seven years.

The assets of the decedent in 1960 and 1961 when he executed the will and codicil were quite large and at his death…

2Cases cited10 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. In Re the Accounting of NelsonNew York Court of Appeals · 1924
  3. In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1925
  4. In re the Transfer Tax upon the Estate of CarnegieAppellate Division of the Supreme Court of the State of New York · 1922
  5. In Re the Accounting of SickelsNew York Court of Appeals · 1938

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3Cited by1 opinion

  1. In re the Estate of VolckeningNew York Surrogate's Court · 1972

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