Legal Opinion
In re the Accounting of Y. B. Garden
New York Court of Appeals
Decided February 25, 1960PublishedCited by 21 opinions
1Opinion of the CourtFuld, J.
The question posed by this appeal involves the doctrine of ademption. Is a specific legacy adeemed if, although the item bequeathed is missing at the time of the testator’s *367death, its value has been paid to the estate by an insurance carrier?
Claire Wright died in May of 1956. By her will, executed the year before, she bequeathed all her “furs and jewelry, both costume and precious ”, to Helen Erskine. The testatrix had in 1954 taken out a policy insuring her against the loss of jewelry and furs and in a schedule attached to the policy 27 items were listed, including a diamond ring valued at…
2Cases cited11 opinions
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931
- Ametrano v. . DownsNew York Court of Appeals · 1902
- Beck v. McGillisNew York Supreme Court · 1850
- Hoke v. HermanSupreme Court of Pennsylvania · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pepka v. BranchIndiana Court of Appeals · 1973
- McGee v. McGeeSupreme Court of Rhode Island · 1980
- In Re Estate of WolfeSupreme Court of Iowa · 1973
- In re the Estate of ClarkNew York Surrogate's Court · 1977
- LaBella v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1993
16 more not listed; retrieve them via the Exa API.