Legal Opinion

In re the Estate of Schwartz

New York Surrogate's Court

Decided August 24, 1961PublishedCited by 1 opinion

1Opinion of the Court

Maximilian Moss, S.

In this executor’s accounting, the court is required to construe several articles of the testator’s will, fix the attorney’s fee, determine the manner of abatement of several legacies in order to provide funds necessary to pay administration charges and to pass on several other matters.

The testator died a resident of Kings County on the 12th day of September, 1957. He was survived by his widow who died on May 20, 1958. Although the testator had some cash funds at his death, the cash alone was insufficient to meet all necessary expenses of the estate’s administration.…

2Cases cited8 opinions

  1. Moskowitz v. MarrowNew York Court of Appeals · 1929
  2. In Re the Estate of PoriandaNew York Court of Appeals · 1931
  3. In Re the Estate of JuedelNew York Court of Appeals · 1939
  4. Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914
  5. In Re the Will of BauerNew York Court of Appeals · 1942

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3Cited by1 opinion

  1. In re the Accounting of PolskyAppellate Division of the Supreme Court of the State of New York · 1963

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