In re the Estate of Werrick
New York Surrogate's Court
1Opinion of the Court
Slater, S.
The will of the testatrix gives certain general legacies. The 2d paragraph gives $500 for the saying of 500 masses for the father and mother of the decedent.' The 3d paragraph gives $1,000 for masses for the decedent. Between the date of the will and death *877of testatrix there was a shrinkage of the estate which compels an abatement of the legacies.
The question is raised whether the bequest for masses is preferred, and not subject to the rule of abatement.
A general legacy given for a specific purpose abates with other legacies unless an intention is found to prefer the legacy. A gift…
2Cases cited3 opinions
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- In Re the Accounting of MorrisNew York Court of Appeals · 1919
- In re WelchNew York Surrogate's Court · 1918
3Cited by2 opinions
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1941
- In re the Estate of LotschNew York Surrogate's Court · 1969