Legal Opinion

In re the Estate of Melgood

New York Surrogate's Court

Decided July 26, 1940PublishedCited by 2 opinions

1Opinion of the Court

Wingate, S.

So far as the diligence of counsel and the independent research of the court have succeeded in disclosing, the present testatrix has accomplished a refutation of the ancient aphorism that “ there is nothing new under the sun.” The problems posed concern the preference and abatement of testamentary gifts in consequence of inadequacy of assets for their complete solution.

The will and codicil contain forty numbered or lettered items making minute and particular disposition of various asset items and sums of money aggregating $91,216.75. The estate of the testatrix, at the time of her…

2Cases cited15 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
  3. Havens v. . Sackett and HavensNew York Court of Appeals · 1857
  4. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1919
  5. In re the Judicial Settlement of the Account of Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1919

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3Cited by2 opinions

  1. In re the Accounting of Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1952
  2. In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1951

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