Legal Opinion

In re the Estate of Weinstein

New York Surrogate's Court

Decided May 15, 1904PublishedCited by 3 opinions

Proceedings on an accounting.

1Opinion of the Court

Thomas, S.

The legacy of $500 to Sarah Hamburger, who was living at the time of the death of the testatrix, did not lapse because of the death of the legatee in the lifetime of the husband of the testatrix, though such legacy was payable only at his death. Mitchell v. Knapp, 27 N. Y. St. Repr. 604; Loder v. Hatfield, 71 N. Y. 97. The amount of this legacy will be paid to the administrator of Sarah Hamburger.

The twenty-eighth clause of the will does not assume to pass the general residue of the estate of the testatrix, in excess of *332the legacies, specifically limited as to their amounts, therein…

2Cases cited2 opinions

  1. Loder v. . HatfieldNew York Court of Appeals · 1877
  2. Parker v. . LindenNew York Court of Appeals · 1889

3Cited by3 opinions

  1. In re the Estate of Van De WalkerNew York Surrogate's Court · 1913
  2. In re BarnesNew York Surrogate's Court · 1920
  3. In re the Estate of BommerNew York Surrogate's Court · 1936

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