Legal Opinion

In re the Accounting of Mepham

New York Surrogate's Court

Decided December 9, 1947PublishedCited by 3 opinions

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

  1. Crawford v. . McCarthyNew York Court of Appeals · 1899
  2. Tifft v. . PorterNew York Court of Appeals · 1853
  3. In Re the Accounting of Security Trust Co.New York Court of Appeals · 1917
  4. In re the Will of DavisNew York Surrogate's Court · 1945
  5. In re the Estate of BrewsterNew York Surrogate's Court · 1932

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3Cited by3 opinions

  1. Cuppett v. NeillyWest Virginia Supreme Court · 1958
  2. In re the Estate of PovlsenNew York Surrogate's Court · 1970
  3. In re the Estate of MannNew York Surrogate's Court · 1956

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