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Matter of Cunningham

Surrogate's Court of the City of New York, Bronx County
Apr 15, 1931
140 Misc. 91 (N.Y. Surr. Ct. 1931)

Opinion

April 15, 1931.

Bergman Neff, for the executor.

Joseph J. Silver, special guardian.


Legacies for the purpose of saying masses are general legacies for charitable purposes. ( Matter of Morris, 227 N.Y. 141; Matter of Beck, 130 Misc. 765.) Masses are not necessarily a part of the funeral services ( Matter of McAvoy, 112 A.D. 377), although to an amount, reasonable in comparison with the value of the estate, they may be included among the items credited for funeral expenses, if they are celebrated as an actual integral part of such service. (Surr.Ct. Act, § 314 Surr. Ct. Proc. Act, subd. 3.) The testatrix directed the payment of $500 "for the conduct and expenses of my funeral." The account discloses that the gross estate is $2,812.04 and that $498.20 has been paid for decedent's funeral. To give preference to the legacies for masses as funeral expenses would be unreasonable and in violation of the expressed wishes of the testatrix as to the amount to be expended for her funeral. I, therefore, hold that the two legacies "for the purpose of saying masses," bequeathed in the 3d and 4th paragraphs of the will, abate and are payable in the same proportion as the other general legacies, which together aggregate $3,300. Settle decision and decree accordingly.


Summaries of

Matter of Cunningham

Surrogate's Court of the City of New York, Bronx County
Apr 15, 1931
140 Misc. 91 (N.Y. Surr. Ct. 1931)
Case details for

Matter of Cunningham

Case Details

Full title:In the Matter of the Estate of BRIDGET CUNNINGHAM, Deceased

Court:Surrogate's Court of the City of New York, Bronx County

Date published: Apr 15, 1931

Citations

140 Misc. 91 (N.Y. Surr. Ct. 1931)
249 N.Y.S. 439

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