Nash v. Ober
District of Columbia Court of Appeals
Hearing on an appeal by the exceptants from an order of the Supreme Court of the District of Columbia, holding a term for orphans’ court business, overruling exceptions to an administrator’s account.
Read the full summary
Hearing on an appeal by the exceptants from an order of the Supreme Court of the District of Columbia, holding a term for orphans’ court business, overruling exceptions to an administrator’s account. The Court in its opinion stated the case as follows: Appellants, Edward T. and Robert C. Nash and Mary E. Taylor, are legatees under the will of Ann M. Nash, deceased, which was admitted to probate April 24, 1891, and have appealed from an order of the orphans’ court overruling certain exceptions made by them to the approval of the final account of George C. Ober, executor. Certain shares of the…
1Opinion of the CourtJustice Shepard
The appellant’s exceptions raise the question of the right of the executor to appropriate the dividends of their stock to the payment of anything beyond the funeral expenses, there having been no unpaid debts of testatrix proved against her estate. We think these exceptions well taken. The bequest of the stock clearly creates a specific legacy; con-' sequently the dividends accruing after the decease of the testatrix became the property of the legatees, subject only to the charge created by the will.
Specific legacies are not liable to abatement with .general legacies, nor subject to…
2Cases cited2 opinions
- Carey v. DennisCourt of Appeals of Maryland · 1859
- Gaines v. ReutchCourt of Appeals of Maryland · 1886
3Cited by3 opinions
- Vogel v. SaundersCourt of Appeals for the D.C. Circuit · 1937
- In re Stevens' EstateDistrict Court, District of Columbia · 1951
- Vogel v. SaundersCourt of Appeals for the D.C. Circuit · 1937