Osborne v. McAlpine
New York Surrogate's Court
Application for decree upon final accounting of executor and trustee. - By the fourth item of the testator’s will, among other specific legacies, he gave to Amelia A. Tyng twenty-five shares of the stock of the Manhattan Gas Company, or the proceeds of the same, should the same have, been .sold: to Annie B. Tyng, fifty shares of the same stock, ,or the proceeds, &c., as aforesaid: to George L. G§borne, fifty shares of the same, or the proceeds, &c. : to Francis M. Jennings,…
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Application for decree upon final accounting of executor and trustee. - By the fourth item of the testator’s will, among other specific legacies, he gave to Amelia A. Tyng twenty-five shares of the stock of the Manhattan Gas Company, or the proceeds of the same, should the same have, been .sold: to Annie B. Tyng, fifty shares of the same stock, ,or the proceeds, &c., as aforesaid: to George L. G§borne, fifty shares of the same, or the proceeds, &c. : to Francis M. Jennings, twenty-five shares: to Charles L. MfiAlpine, one hundred shares of the same stock, or jfche proceeds, if sold, and to…
1Opinion of the Court
*3The Subrógate.—It is a general rule that specific legacies do not abate, yet if the testator bequeaths specific legacies, and also general pecuniary legacies, and by his will directs that such pecuniary legacies shall come out of his personal estate, or words tantamount thereto, and there is no other personal estate than the specific legacies, they must be intended to be subject to those which are pecuniary (Williams on Executors, 1163). The bequest of a particular thing, or money, specified and distinguished from all others of the same kind, is the definition of a regular specific legacy…
2Cases cited1 opinion
- Tifft v. . PorterNew York Court of Appeals · 1853
3Cited by5 opinions
- In re the Judicial Settlement of the Account of KreidlerNew York Surrogate's Court · 1910
- In re the Application for a Construction of the Last Will & Testament of WerleNew York Surrogate's Court · 1915
- In re the Assignment of Leon Mayer, Inc.New York Supreme Court · 1919
- In re the Final Accounting of MeekerNew York Court of Common Pleas · 1882
- In re the Judicial Settlement of the Account of CochraneNew York Surrogate's Court · 1890