Legal Opinion

In re the Estate of Cunningham

New York Surrogate's Court

Decided April 15, 1931PublishedCited by 2 opinions

1Opinion of the Court

Henderson, S.

Legacies for the purpose of saying masses are general legacies for charitable purposes. (Matter of Morris, 227 N. Y. 141; Matter of Beck, 130 Misc. 765.) Masses are not necessarily a part of the funeral services (Matter of McAvoy, 112 App. Div. 377), although to an amount, reasonable in comparison with the value of the estate, they may be included among the items credited for funeral expenses, if they are celebrated as an actual integral part of such service. (Surr. Ct. Act, § 314, subd. 3.) The testatrix directed the payment of $500 “ for the conduct and expenses of my funeral.”…

2Cases cited3 opinions

  1. In Re the Accounting of MorrisNew York Court of Appeals · 1919
  2. In re the Transfer Tax upon the Estate of McAvoyAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re the Judicial Settlement of the Account of Proceedings of AllendorfNew York Surrogate's Court · 1927

3Cited by2 opinions

  1. In re the Accounting of CoppersNew York Surrogate's Court · 1950
  2. In re the Estate of GerringerNew York Surrogate's Court · 1969

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