Legal Opinion
In re the Judicial Settlement of the Account of the National Bank & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 14, 1931PublishedCited by 5 opinions
1Opinion of the CourtVan Kirk, P. J.
The bequest of the preferred stock to Lena M. Whitmore was a specific legacy. (Crawford v. McCarthy, 159 N. Y. 514, 519.) This stock having been disposed of by the committee of the incompetent testator, Lena M. Whitmore claims the proceeds or the equivalent of the proceeds of that stock. The executor claims that such sale caused an ademption of the legacy and that appellant is entitled to no part of the proceeds thereof.
The general rule in this State is that a specific legacy is adeemed when the property, the subject of the specific bequest, is not in the estate at the time of death.…
2Cases cited8 opinions
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- Ametrano v. . DownsNew York Court of Appeals · 1902
- In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Account of Proceedings of Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Barrows' EstateSupreme Court of Vermont · 1931
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
- In the Estate of HerrigNew York Surrogate's Court · 1984
- In re the Accounting of BeheAppellate Division of the Supreme Court of the State of New York · 1953
- Momclay, Inc. v. CampbellAppellate Division of the Supreme Court of the State of New York · 1933