Legal Opinion

In re the Estate of Dressler

New York Surrogate's Court

Decided January 15, 1924PublishedCited by 1 opinion

1Opinion of the Court

O’Brien, S.

In this accounting proceeding a construction of the 3d paragraph of decedent’s will is requested. It reads as follows: “I give one, one thousand dollar victory bond to my cousin Rensie E. Wheeler.”

No Victory bond was found among the decedent’s assets. The question to be determined is whether the legacy is general or specific. Nothing appears from the language used that would show an intention to give a particular Victory bond, or one owned by the testatrix. The legacy is general in that it does not point out and particularly describe the thing given, thereby distinguishing it from…

2Cases cited3 opinions

  1. Foulds v. KingAppellate Division of the Supreme Court of the State of New York · 1907
  2. Holt v. JexNew York Supreme Court · 1888
  3. In re Van VlietNew York Surrogate's Court · 1893

3Cited by1 opinion

  1. In re the Estate of AndersonNew York Surrogate's Court · 1960

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