Legal Opinion

In re the Estate of Metz

New York Surrogate's Court

Decided December 31, 1944Published

1Opinion of the Court

Vandermeulen, S.

The decedent by his will left his estate to four children, equally, one of whom, Emerson R. Metz, died shortly before the testator leaving two minor children, Emerson R. Metz and Alice 0. Metz, who, pursuant to section 29 of the Decedent Estate Law, take the share of their deceased father. Were it not for this section, the legacy would lapse.

Emerson R. Metz, the deceased son of the testator, Hiram W. Metz, borrowed during his lifetime from his father the sum of $2,793. He evidenced this loan by giving a note signed by himself and his wife, Alice C. Metz, as accommodation…

2Cases cited10 opinions

  1. Smith v. KearneyNew York Court of Chancery · 1848
  2. In Re Estate of MikkelsenSupreme Court of Iowa · 1926
  3. In re the Judicial Settlement of the Account of Proceedings of Central Union Trust Co.New York Surrogate's Court · 1923
  4. In re the Estate of JamesNew York Surrogate's Court · 1933
  5. Birge v. NucombSupreme Court of Connecticut · 1918

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