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 BlockOpinion
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.