MTR. OF BARNETT


95 Misc.2d 675 (1978)

In the Matter of The Estate of Joseph J. Barnett, Deceased.

Surrogate's Court, Nassau County.

August 15, 1978


Attorney(s) appearing for the Case

Murphy & Maviglia for petitioners. Rose & Schlesinger for United Jewish Appeal. Cole & Deitz for North Shore Hospital. John J. O'Connor for National Foundation March of Dimes.


JOHN D. BENNETT, J.

This is a construction proceeding by the fiduciary because there are insufficient funds to pay all of the legacies which will require that they abate pro rata. One charitable legatee contends that its devise is a specific gift which is to be paid without abatement.

The gift in question arises under the provisions of article SIXTH of the codicil which provides: "I direct that all...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases