MATTER OF FORSCH


283 A.D. 1042 (1954)

In the Matter of the Construction of The Will of James A. Forsch, Deceased. Esther Kirschner, as Ancillary Executrix of David M. Kirschner, Deceased, Appellant-Respondent; Milton M. Siegel et al., as Executors of James A. Forsch, Deceased, Respondents-Appellants, and New York University, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 1954.


Decree affirmed, with costs.

CALLAHAN, J. (dissenting).

The law favors the early vesting of estates. Where a testator has fixed no time for payment of legacies, the law provides for distribution at the end of seven months after issuance of letters testamentary in the ordinary situation (Surrogate's Ct. Act, § 218). Concededly, the legatee in this case survived such period.

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