In re Proving the Last Will & Testament of Bogart
Appellate Division of the Supreme Court of the State of New York
Appeals by W. Wallace Kirby and another, as two of the executors, etc., of Elbert H. Bbgart, deceased ; The Trustees of the Jones Fund; School District No. 4, Town of North Hempstead; Daniel S..
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Appeals by W. Wallace Kirby and another, as two of the executors, etc., of Elbert H. Bbgart, deceased ; The Trustees of the Jones Fund; School District No. 4, Town of North Hempstead; Daniel S.. Woolley. and others, heirs at law and next of kin of Elbert H. Bogart, deceased, and The Reformed Dutch Church of North Hempstead, from portions of a decree of the Surrogate’s Court of Queens county, entered in said Surrogate’s Court on the 31st day of December, 1898, admitting to probate an instrument propounded as the last will and testament of Elbert H. Bogart, deceased, and construing said will,…
1Opinion of the Court
Willard Bartlett, J:
This proceeding was instituted for the probate of the' will of Elbert H. Bogart, deceased, who died, in Queens county on August *5854, 1897. The instrument is dated February 11, 1884. In the 1st article the testator nominates two executors whom he requires to pay his just debts and funeral expenses out of his estate, and to each of whom he bequeaths $500 in addition to their lawful commissions. By the 2d article he devises and bequeaths to said executors all the rest, residue and remainder of his estate in' trust' to collect the rents, issues and income thereof and apply the…
2Cases cited3 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Bird v. . MerkleeNew York Court of Appeals · 1895
- In re the Probate of the Last Will & Testament & Codicils of AustinAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- In re MetcalfeNew York Surrogate's Court · 1894
- In re the Probate & Construction of the Last Will & Testament of SayreAppellate Division of the Supreme Court of the State of New York · 1917
- In re Bogart's WillAppellate Division of the Supreme Court of the State of New York · 1899