Majority
p. 582In the Matter of the Will of Charity C. Mould, Deceased. Benjamin H. Sweet, Individually and as Executor, Appellant; Florence A. Coombs et al., Respondents. (Argued May 28, 1923; decided June 12, 1923.)
Headnote
Will — construction — when general legacies not a charge upon real estate passing under residuary clause of will.Matter of Mould (Will), 204 App. Div. 889 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1922, which unanimously affirmed a decree of the Westchester County Surrogate’s Court construing the will of Charity C. Mould, deceased and holding that general legacies given by the will were not charged upon real estate passing under the residuary clause of her will which read as follows:
p. 583
“ Ninth. All the rest, residue and remainder of my estate, both real and personal, of whatsoever nature and kind, including my lot in Greenwood Cemetery, I give, devise and bequeath to Florence A. Coombs who grew up as a child in my family and lived with me for many years, the same to have and to hold forever.”
James M. Gray and Thomas J. Towers for appellant.
Herman Aaron and C. Bertram Plante for respondents.
Order affirmed, with costs payable out of estate; no opinion.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.