MATTER OF NEWELL


155 Misc.2d 985 (1992)

591 N.Y.S.2d 293

In the Matter of The Estate of Thurstin M. Newell, Deceased.

Surrogate's Court, Westchester County.

September 15, 1992


Attorney(s) appearing for the Case

Bertine, Hufnagel, Headley & Zeltner for petitioner. Plunkett & Jaffee for respondent. Robert Abrams, Attorney-General (Laura Werner of counsel), for ultimate charitable beneficiaries.


ALBERT J. EMANUELLI, S.

In this final executor's accounting proceeding two issues are before the court. The first issue is whether the language of the charitable bequests contained in article THIRD (A) and (B) of the will confers a pecuniary or fractional bequest upon the charities. The executor computed the charitable bequests as pecuniary legacies. Consequently, the charities do not share in estate income...

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