In re the Judicial Settlement of the Accounts of Cramer
New York Surrogate's Court
Chauncey Kilmer died on the 11th day of November, 1901, leaving a will dated June 14, 1900, which was thereafter duly admitted to probate by the surrogate of Saratoga county and which provided among other things as follows: “ Ninth.
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Chauncey Kilmer died on the 11th day of November, 1901, leaving a will dated June 14, 1900, which was thereafter duly admitted to probate by the surrogate of Saratoga county and which provided among other things as follows: “ Ninth. I give and bequeath to my niece, Carrie Shippey, daughter of Charles and Julia Kilmer; also to Jane Clute, wife of Jerome Clute and daughter of Harry and Lucy Ann Kilmer; also to Cordelia Kilmer, daughter of Harvey and Adaline Kilmer, each the sum of three thousand dollars, to be paid to each within eighteen months after my decease. “ Fourteenth. Whatever in the…
1Opinion of the Court
Lester, S.
The fourteenth clause of the testator’s will was evidently designed to characterize as a gift that which otherwise might be mistaken for an advancement. In employing the word “ advancement ” it is evident that the testator did not employ it in its limited statutory meaning, because in that mean*303ing it is applicable only to cases of intestacy and to moneys advanced by a parent to a child in anticipation of such child’s future share of the parent’s estate. Code Civ. Pro., § 2733; Real Prop. Law, § 295, 296.
The word “ advancement ” is employed by courts of equity in a wider sense to…
2Cases cited5 opinions
- Rogers v. . RogersNew York Court of Appeals · 1897
- Van Alstyne v. . Van AlstyneNew York Court of Appeals · 1863
- Lawrence v. . LindsayNew York Court of Appeals · 1877
- Stagg v. BeekmanNew York Court of Chancery · 1833
- In re the Judicial Settlement of the Account of WeissNew York Surrogate's Court · 1902
3Cited by2 opinions
- In re the Judicial Settlement of the Estate of FosterNew York Surrogate's Court · 1895
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1951