In re the Accounting of Mepham
New York Surrogate's Court
1Opinion of the Court
Witmer, S.
The issue has been raised in this judicial settlement proceeding as to whether the legacies contained in the first paragraph “ Third ” of the will are specific or general. Through inadvertence the will contains two paragraphs marked u qipjj-d >\ in his account filed herein the executor treated the said legacies as specific. The residuary legatees have petitioned to have the will construed as creating general legacies in said paragraph “ Third ”, and the executor has joined with them and now urges that the legacies he held to he general.
The first paragraph “ Third ” provides, in…
2Cases cited9 opinions
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- Tifft v. . PorterNew York Court of Appeals · 1853
- In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
- In re the Will of DavisNew York Surrogate's Court · 1945
- In re the Estate of BrewsterNew York Surrogate's Court · 1932
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3Cited by3 opinions
- Cuppett v. NeillyWest Virginia Supreme Court · 1958
- In re the Estate of PovlsenNew York Surrogate's Court · 1970
- In re the Estate of MannNew York Surrogate's Court · 1956