New York Surrogate's Court, 1949

In re the Accounting of Bank of New York

In re the Accounting of Bank of New York
New York Surrogate's Court · Decided September 30, 1949 · Boylan
196 Misc. 236; 91 N.Y.S.2d 906; 1949 N.Y. Misc. LEXIS 2739

Counsel

Emmet, Marvin & Martin for executor, petitioner., Lord, Bay $ Lord for Frances E. Livingston, objectant.

In re the Accounting of Bank of New York

Opinion of the Court

Boylan, S.

The objections filed by Frances E. Livingston, having been withdrawn, the account is approved as filed. The *237executor is granted permission to abandon all property listed in schedule B-l of the account.

By the fifth paragraph of his will, the decedent bequeathed his “ household furniture and furnishings ” to a cousin, Helen Stafford Jefferson. The executor requests the court to instruct it as to whether the decedent’s automobile is included in “ household furniture and furnishings ”. It has been held that the words “ personal effects ” and household effects ” were broad enough to include an automobile. (Matter of Jones, 128 Misc. 244; Matter of Winburn, 139 Misc. 5; Matter of Burnside, 185 Misc. 808.) The word “ effects ” is a very general term. The words “ furniture ” and furnishings ” have definite, certain and limited meanings which do not include an automobile.

Enter decree accordingly.

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