In re Herborn
Appellate Division of the Supreme Court of the State of New York
Appeal by Augusta Ambs, contestant, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 11th day of April, 1919, construing the will of Louisa Schulz, deceased.
1Opinion of the Court
Jenks, P. J.:
This appeal presents a rehearing pursuant to our judgment in 187 Appellate Division, 938. The appellant now confines her contention to propositions thus stated by her: that the legacies of the will were payable out of the proceeds of the property and were specific to that extent; that they were all of like character, contributed among themselves, and that all abate ratably.
After the usual provision for debts and for personal expenses and the bequest of personal chattels, the testator provided: “ Eighth. I give and bequeath to my husband Eugene Schulz, the sum of Eighteen Thousand…
2Cases cited7 opinions
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1909
- Robinson v. . RaynorNew York Court of Appeals · 1863
- McCorn v. . McCornNew York Court of Appeals · 1885
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Ely v. . MegieNew York Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ellet v. McCordCourt of Appeals of Texas · 1931
- In Re the Will of BauerNew York Court of Appeals · 1942
- In re the Judicial Settlement of the Account of Proceedings of BauerAppellate Division of the Supreme Court of the State of New York · 1942
- In re the Judicial Settlement of the Account of Proceedings of ArmenyNew York Surrogate's Court · 1923