In re Willett's Estate
New York Supreme Court
Appeal from surrogate’s court, -Dutchess county. This is an appeal taken by Wesley Brett, a residuary legatee under the will of Robert Willett, deceased, from that portion of a decree directing a distribution of the estate which allowed Susan A. Scott and the First Methodist Episcopal Church of Matteawan, 2T. Y„ to share in the distribution of the surplus.
1Opinion of the CourtBarnard, P. J.
The bequest of the note to Susan A. Scott, which was described in the will as “the joint note of herself and John E. Scott, her husband, together with all moneys which may be due thereon at the time of my death,” was a specific bequest. The language of the will distinguished the thing given from all others of the same kind. By the construction of the will it is excluded from any abatement on account of an insufficiency of property to pay other legacies in full. By the second clause of the will the testator directed the sale of his household furniture, and to apply the proceeds to the payment…
2Cited by7 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In re the Judicial Settlement of the Accounts of MatthewsAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of BakerNew York Surrogate's Court · 1933
- In re the Estate of ArmstrongNew York Surrogate's Court · 1936
- In re the Estate of DewintNew York Surrogate's Court · 1936
2 more not listed; retrieve them via the Exa API.