New York Court of Appeals, 1929

In Re the Will of Martin

In Re the Will of Martin
New York Court of Appeals · Decided December 3, 1929
170 N.E. 151; 252 N.Y. 582; 1929 N.Y. LEXIS 662 (North Eastern Reporter)

In Re the Will of Martin

Opinion of the Court

Order of the Appellate Division reversed and decree of the surrogate modified by holding that the legacy of stock to Mary Powley and the Niagara Falls Memorial Hospital is a specific legacy not subject to abatement with general legacies and as so modified affirmed, with costs in this court and the Appellate Division to all parties filing briefs in this court payable out of the estate.

Concur: Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Not sitting: Cardozo, Ch. J., and Hubbs, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.