MATTER OF FARHART


14 A.D.2d 611 (1961)

In the Matter of the Construction of The Will of Michael G. Farhart, Deceased. Philip Farhart, Individually and as Executor of Michael G. Farhart, Deceased, et al., Appellants; Edward G. Farhart, et al., Respondents

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

August 1, 1961


Decedent provided by his will for a $10,000 legacy for his sister Mary, who predeceased him; and the question in the case is whether the legacy has vested in her children (Decedent Estate Law, § 29) or lapsed. The Surrogate has decided there was a vesting and we think his decision was correct. The principal asset of the decedent was a garage business. The will provided if at the time of decedent's death he should still own the garage that his brother and nephew who were...

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