New York Surrogate's Court, 1949

In re the Accounting of Roth

New York Surrogate's Court · Decided January 17, 1949 · Collins

194 Misc. 200; 86 N.Y.S.2d 312; 1949 N.Y. Misc. LEXIS 1759

Counsel

John F. Middlemiss for executrix, petitioner., Forbes J. Holland for Dominican Sisters of the Sick Poor, respondent., Mudge, Stern, Williams & Tucker for Servants of Relief for Incurable Cancer, respondent., Gillespie & O’Connor for Society of St. Vincent de Paul in the City of New York, respondent., Raymond A. McCourt for Union That Nothing Be Lost, Inc., respondent.

Opinion of the Court

Collins, S.

In her final accounting the executrix requests a construction of paragraph fifteenth of decedent’s will in which she bequeathed one share of her residuary estate to a member of the Society of Jesus with the request that he say masses for the repose of the souls of members of decedent’s family. The priest predeceased the decedent.

*201Other bequests for the celebration of masses and also to charitable organizations were made in decedent’s will. The court holds that the bequest in paragraph fifteenth should be paid to the New York Province of the Society of Jesus for the celebration of masses for the repose of the souls of decedent’s family. In this manner the expressed desires of the testatrix will be upheld. (Matter of Morris, 227 N. Y. 141,144.)

Submit decree on notice settling the account and construing the will accordingly.

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