Young v. Case
New York Surrogate's Court
This was a proceeding for the final accounting of the estate of William Case, deceased. The testator died at the town of Hamptonburgh in Orange County on the 19th day of December, 1868, having previously thereto executed his last will and testament which was duly proved and admitted to probate by the Surrogate of said County, on the 30th day of March, 1869. Elizabeth Case and George M. JSFewman qualified as executrix and executor therof.
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This was a proceeding for the final accounting of the estate of William Case, deceased. The testator died at the town of Hamptonburgh in Orange County on the 19th day of December, 1868, having previously thereto executed his last will and testament which was duly proved and admitted to probate by the Surrogate of said County, on the 30th day of March, 1869. Elizabeth Case and George M. JSFewman qualified as executrix and executor therof. He left him surviving Jane Case, his widow, who died on the ninth day of August, 1871, Elizabeth Case, above named, his daughter, Sarah Jane Moore, a…
1Opinion of the Court
The Subrogate.
The general rule is well settled *57that where the legatee dies before the testator, the legacy will lapse (2 Redfield on Wills, 484 ; 2 Williams on Executors, 1084).
But the statute of this state saves the legacy given to a child or other descendant who shall die in the lifetime of the testator leaving á child or other descendant (2 R. S. 66 § 52; Van Beuren v. Dush, 30 N. Y. 393.) William 0. Toung did not die before William Case the testator. He was a descendant, but the statute has no application to the case, as he died after William Case and left no child or descendant him…
2Cases cited2 opinions
- Van Beuren v. . DashNew York Court of Appeals · 1864
- Conklin v. MooreNew York Surrogate's Court · 1852
3Cited by1 opinion
- McCormick v. BurkeNew York Surrogate's Court · 1884