In re the Judicial Settlement of Proceedings of Tamargo
Appellate Division of the Supreme Court of the State of New York
Separate appeals by Annie Miller and another, and by J. Robert Rubin, as special guardian of William Bourdet, from part of a decree of the Surrogate’s Court of the county of blew York, entered in the office of said Surrogate’s Court on the 18th day of March, 1915. The part of the decree appealed from adjudges that a bequest and devise of one-fourth of the residuary estate to testatrix’s sister-in-law, Anna V. 0. Helbig, misnamed Helbusch in the will, has lapsed and that the…
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Separate appeals by Annie Miller and another, and by J. Robert Rubin, as special guardian of William Bourdet, from part of a decree of the Surrogate’s Court of the county of blew York, entered in the office of said Surrogate’s Court on the 18th day of March, 1915. The part of the decree appealed from adjudges that a bequest and devise of one-fourth of the residuary estate to testatrix’s sister-in-law, Anna V. 0. Helbig, misnamed Helbusch in the will, has lapsed and that the next of kin and heirs at law of the testatrix take such one-fourth interest in the same manner as though the deceased,…
1Opinion of the Court
Laughlin, J.:
The will was executed on the 25th day of March, 1911, and the testatrix died two days thereafter. The 1st paragraph of the will directs the payment of debts, funeral expenses and expenses of administration, and the 2d makes bequests to two individuals named, who are designated “ friends ” of the testatrix, and these bequests were to them “ to have and to hold the same for their own use, benefit and behoof forever, share and share alike.” By the 3d paragraph she devised and bequeathed the rest, residue and remainder of her property by provisions as follows: “ Unto the following…
2Cases cited8 opinions
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Terry v. . WigginsNew York Court of Appeals · 1872
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Schult v. . MollNew York Court of Appeals · 1892
- Rotmanskey v. HeissCourt of Appeals of Maryland · 1898
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3Cited by2 opinions
- In re the Estate of BurggrafNew York Surrogate's Court · 1958
- In re the Judicial Settlement of the Account of Proceedings of PhranerNew York Surrogate's Court · 1919