Legal Opinion
Gionfriddo v. Palatrone
Cuyahoga County Probate Court
Decided January 17, 1964No. 643882PublishedCited by 1 opinion
1Opinion of the Court
Andrews, Chief Referee.
This is a ease involving abatement. It comes to this court on a petition by the executrix of Frank Palatrone’s will for the construction of the will and related documents. Mr. Palatrone died on August 3, 1961.
The subject of abatement was treated extensively in an unreported opinion written by me in the case of McArthur v. McArthur, No. 605901, Probate Court, Cuyahoga County, August 1, 1961. As stated in Atkinson on Wills, Section 136, page 754 (2d ed. 1953):
“ ‘Abatement’ is the reduction of legacies on account of the insufficiency of the estate to pay testator’s debts…
2Cases cited13 opinions
- Bartlett v. TerrellCourt of Appeals of Texas · 1927
- Ferguson v. StokesSupreme Court of Missouri · 1954
- Beckwith v. McAlisterSupreme Court of South Carolina · 1932
- Emery v. HavenSupreme Court of New Hampshire · 1893
- In Re Estate of HustonSupreme Court of Iowa · 1937
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re Estate of OberstarOhio Court of Appeals · 1998