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MATTER OF WRIGHT

7 N.Y.2d 365 (1960)

In the Matter of the Accounting of Y. B. Garden et al., as Executors of Claire R. Wright, Deceased, Respondents. Mary Robinson et al., Respondents; Helen W. Erskine, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Melville H. Cane, Pincus Berner and Paul Gitlin for appellant.

Selma M. L. Berliner, Ephraim Berliner and Jay H. Rick for Mary Robinson, respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

The question posed by this appeal involves the doctrine of ademption. Is a specific legacy adeemed if, although the item bequeathed is missing at the time of the testator's death, its value has been paid to the estate by an insurance carrier?

Claire Wright died in May of 1956. By her will, executed the year before, she bequeathed all her "furs and jewelry...

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