Legal Opinion

In re the Estate of Stewart

New York Surrogate's Court

Decided March 15, 1922PublishedCited by 1 opinion

Proceeding for construction of a will.

1Opinion of the Court

Cohalan, S.

The question is whether the will directs a departure from the ordinary rule that general legacies bear interest from one year after issuance of letters. The article of the will that is pertinent provides as follows:

“ Sixth, I direct that all of the foregoing legacies of two thousand dollars ($2,000) and under be paid as soon after my death as there are funds in the hands of my Executors sufficient to pay the same either in full or in equal proportions or percentages. And it is my wish that my estate be closed up and settled within three years from the date of my death, and as soon…

2Cases cited7 opinions

  1. Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
  2. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
  3. In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
  4. Matter of RutherfurdNew York Court of Appeals · 1909
  5. Bank of Niagara v. TalbotAppellate Division of the Supreme Court of the State of New York · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re the Judicial Settlement of the Accounts of WhiteNew York Surrogate's Court · 1927

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