In re the Judicial Settlement of the Accounts of Tompkins
New York Surrogate's Court
The testator bequeathed all his household furniture to his widow. He then devised a certain parcel of land to his son, Stephen L. Purdy, and next provided as follows: “ Third.
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The testator bequeathed all his household furniture to his widow. He then devised a certain parcel of land to his son, Stephen L. Purdy, and next provided as follows: “ Third. I order and direct my executors hereinafter named, within one year after the probate of this, my last will and testament, to sell or dispose of, either at public or private sale, the re-' mainder of that piece or parcel of land, situate in Yorktown in said county, which was conveyed to me by Jacob Tompkins and wife by deed dated April 15, 1865. . . . Out of the proceeds of such sale I direct my executors to' pay and…
1Opinion of the Court
Coffin, S.
A testator may, at his option, give land or the proceeds of the sale of land. Here his' will converted the land into personalty one year from the time of his death, and the proceeds of the sale were given by him to his widow and two children, share and share alike, less the sum of his debts and funeral expenses. Thus he gave them residuary legacies. Deducting the amount of the debts and funeral expenses from the $1,500; for which the land was sold, left a balance of $1,319.42, each one’s share being $439.81. Thus it was, in effect, a legacy of that amount to each one. And legacies…
2Cited by1 opinion
- Northwestern Trust Co.North Dakota Supreme Court · 1922