Legal Opinion
In re the Estate of Kelly
New York Surrogate's Court
Decided June 6, 1933Published
1Opinion of the Court
Slater, S.
Upon this final accounting the question arises regarding the payment of the legacies mentioned in the fourth, fifth, sixth, seventh, eighth and ninth paragraphs of the will. The fourth, fifth, sixth, seventh and eighth paragraphs give money legacies to relatives and a charity, amounting in all to $8,000. The charity of St. Mark’s Hospital has gone out of business by the filing of a petition in bankruptcy in the District Court for the Southern District of New York on May 16, 1931. In other words, it has ceased to function as a hospital and is no longer a going concern. (Matter of…
2Cases cited5 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- In re the Legacy Given by the Will of MillsNew York Surrogate's Court · 1923
- In re the Judicial Settlement of the Account of HendricksonAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Probate of the Last Will & Testament of ThayerNew York Surrogate's Court · 1914
- In re the Estate of KelleyNew York Surrogate's Court · 1933