Legal Opinion

In re the Estate of Werrick

New York Surrogate's Court

Decided February 28, 1930PublishedCited by 2 opinions

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

  1. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. In Re the Accounting of MorrisNew York Court of Appeals · 1919
  3. In re WelchNew York Surrogate's Court · 1918

3Cited by2 opinions

  1. In re the Estate of BreckwoldtNew York Surrogate's Court · 1941
  2. In re the Estate of LotschNew York Surrogate's Court · 1969

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