Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Davis

New York Surrogate's Court

Decided January 15, 1924Published

1Opinion of the Court

Schulz, S.

The codicil to the last will and testament of the decedent executed more than ten years after her will, contains a bequest of a diamond ring to a legatee therein named. Immediately thereafter is a provision, as follows: “The remainder of my jewelry to be sold and the money derived from the sale to be added to the principal.” In her will the decedent had bequeathed other articles of jewelry to persons therein named, and the question involved is whether or not the codicil revoked such legacies.

There are no words of revocation contained in the codicil and the two documents must be read…

2Cases cited5 opinions

  1. Crozier v. . BrayNew York Court of Appeals · 1890
  2. Chew v. . SheldonNew York Court of Appeals · 1915
  3. Westcott v. CadyNew York Court of Chancery · 1821
  4. Newcomb v. . WebsterNew York Court of Appeals · 1889
  5. Osburn v. Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1912

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