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In re the Will of Martin

252 N.Y. 582 Court N.Y. Decision date 1929-12-03 English

Contents

Majority

p. 582
In the Matter of the Will of Catherine Martin, Deceased. Niagara. Falls Memorial Hospital, Appellant; Robert W. Carter, as Executor, et al., Respondents.
(Argued November 18, 1929;
decided December 3, 1929.)
p. 583
Basil Robillard and Thomas G. Rickert for appellant.
Alan V. Parker for Salvation Army of Niagara Falls, respondent.
Angelo F. Scalzo for Rose Pacella, respondent.
Eugene L. McCollum for Mary Powley, respondent.

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.