In Re the Accounting of Thompson
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1915, which affirmed a decree of the Kings County Surrogate’s Court surcharging the accounts of the executors of Mary J. Gallagher, deceased. ■ The will speaks as of the date of the death of the testatrix, and the bequest of the contents of the safe deposit box covers only such articles as were therein at the time of the death of the testatrix.
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Appeal from, an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1915, which affirmed a decree of the Kings County Surrogate’s Court surcharging the accounts of the executors of Mary J. Gallagher, deceased. ■ The will speaks as of the date of the death of the testatrix, and the bequest of the contents of the safe deposit box covers only such articles as were therein at the time of the death of the testatrix. (Waldo v. Hayes, 96 App. Div. 454; Jarman on Wills [6th Eng. ed.], 409; Bothamley v. Sherson, L. R. [20 Eq.] 304; Trinder v.…
1Opinion of the CourtPound, J.
Mary Jane Gallagher died April 25, 1912, and left a last will and testament, executed June 27,1908, which was duly probated, and an estate of upwards of $45,000.
The first clause of the will provides:
“First. After my lawful debts and funeral expenses are paid, I give and bequeath unto my cousin, Mary Ann Harris, of West Lynn, Massachusetts, the sum of Three thousand dollars ($3,000.00), and all of my household effects, including my wardrobe, bed, bedding, pictures, except the picture of George Washington worked in Worsted, and I also give her the contents of my safe deposit box, in the vaults…
2Cases cited5 opinions
- Williams v. . JonesNew York Court of Appeals · 1901
- In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
- In Re the Final Judicial Settlement of the Accounts of ReynoldsNew York Court of Appeals · 1891
- Gaff v. CornwallisMassachusetts Supreme Judicial Court · 1914
- Smyth v. Brooklyn Union Elevated RailroadNew York Court of Appeals · 1908
3Cited by30 opinions
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- In Re LowNew Jersey Superior Court Appellate Division · 1928
- Buchwald v. BuchwaldCourt of Appeals of Maryland · 1938
- In re the Estate of AnableNew York Surrogate's Court · 1931
- In re the Estate of RubinsteinNew York Surrogate's Court · 1938
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