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Matter of Martin

Court of Appeals of the State of New York
Dec 3, 1929
170 N.E. 151 (N.Y. 1929)

Summary

In Matter of Martin (252 N.Y. 582) a legacy of a number of shares of stock of one par value was held not defeated by the testator's exchange in his lifetime for a different number of shares of stock in the same company and at a different par value.

Summary of this case from Matter of Block

Opinion

Argued November 18, 1929

Decided December 3, 1929

Appeal from the Supreme Court, Appellate Division, Fourth Department.

Basil Robillard and Thomas G. Rickert for appellant.

Alan V. Parker for Salvation Army of Niagara Falls, respondent.

Angelo F. Scalzo for Rose Pacella, respondent.

Eugene L. McCollum for Mary Powley, respondent.


Order of the Appellate Division reversed and decree of the surrogate modified by holding that the legacy of stock to Mary Powley and the Niagara Falls Memorial Hospital is a specific legacy not subject to abatement with general legacies and as so modified affirmed, with costs in this court and the Appellate Division to all parties filing briefs in this court payable out of the estate.

Concur: POUND, CRANE, LEHMAN, KELLOGG and O'BRIEN, JJ. Not sitting: CARDOZO, Ch. J., and HUBBS, J.


Summaries of

Matter of Martin

Court of Appeals of the State of New York
Dec 3, 1929
170 N.E. 151 (N.Y. 1929)

In Matter of Martin (252 N.Y. 582) a legacy of a number of shares of stock of one par value was held not defeated by the testator's exchange in his lifetime for a different number of shares of stock in the same company and at a different par value.

Summary of this case from Matter of Block
Case details for

Matter of Martin

Case Details

Full title:In the Matter of the Will of CATHERINE MARTIN, Deceased. NIAGARA FALLS…

Court:Court of Appeals of the State of New York

Date published: Dec 3, 1929

Citations

170 N.E. 151 (N.Y. 1929)
170 N.E. 151

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Matter of Volckening

II Testamentary intention also determines whether a disposition of shares of stock entitles the legatee to…

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" Other authorities of the same import are Matter of Martin ( 252 N.Y. 582, revg. 225 A.D. 724); Matter of…