Legal Opinion
In Re the Accounting of Nelson
New York Court of Appeals
Decided May 13, 1924PublishedCited by 62 opinions
1Opinion of the CourtAndrews, J.
Where an estate is not sufficient to pay in full all the general legacies bequeathed by will, in the absence of an expressed indication that the testator intended otherwise legacies abate pro rata. One of the few exceptions to this general rule, however, is that where the legacy is given for the support, maintenance or education of a near relative otherwise unprovided for it will be preferred. (Stewart v. Chambers, 2 Sandf. Ch. 382; Petrie v. Petrie, 7 Lans. 90; Bliven v. Seymour, 88 N. Y. 469; Matter of Wenner, 125 App. Div. 358; affd., 193 N. Y. 672.) Such we say must have been the…
2Cases cited3 opinions
- Bliven v. . SeymourNew York Court of Appeals · 1882
- Petrie v. PetrieNew York Supreme Court · 1872
- In re the Final Judicial Settlement of the Account of Proceedings of WennerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by62 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- In Re the Accounting of SickelsNew York Court of Appeals · 1938
- Park Lake Presbyterian Church v. Henry's EstateDistrict Court of Appeal of Florida · 1958
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