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Matter of Neary

Surrogate's Court of the City of New York, New York County
Jan 17, 1949
194 Misc. 200 (N.Y. Misc. 1949)

Opinion

January 17, 1949.

John F. Middlemiss for executrix, petitioner.

Forbes J. Holland for Dominican Sisters of the Sick Poor, respondent.

Mudge, Stern, Williams Tucker for Servants of Relief for Incurable Cancer, respondent.

Gillespie O'Connor for Society of St. Vincent de Paul in the City of New York, respondent.

Raymond A. McCourt for Union That Nothing Be Lost, Inc., respondent.


In her final accounting the executrix requests a construction of paragraph fifteenth of decedent's will in which she bequeathed one share of her residuary estate to a member of the Society of Jesus with the request that he say masses for the repose of the souls of members of decedent's family. The priest predeceased the decedent.

Other bequests for the celebration of masses and also to charitable organizations were made in decedent's will. The court holds that the bequest in paragraph fifteenth should be paid to the New York Province of the Society of Jesus for the celebration of masses for the repose of the souls of decedent's family. In this manner the expressed desires of the testatrix will be upheld. ( Matter of Morris, 227 N.Y. 141, 144.)

Submit decree on notice settling the account and construing the will accordingly.


Summaries of

Matter of Neary

Surrogate's Court of the City of New York, New York County
Jan 17, 1949
194 Misc. 200 (N.Y. Misc. 1949)
Case details for

Matter of Neary

Case Details

Full title:In the Matter of the Accounting of MARY C. ROTH, as Executrix of MARY L…

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

Date published: Jan 17, 1949

Citations

194 Misc. 200 (N.Y. Misc. 1949)
86 N.Y.S.2d 312

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