New York Court of Appeals
William Bevan, Appellants v. Catharine Cooper, Executors
January 29, 187872 N.Y. 317
Summary
The New York Court of Appeals reversed the surrogate's decree, holding that general legacies are not a charge upon the residuary real estate and that the Surrogate Court lacks jurisdiction to decide that issue. The court affirmed that the personal estate is the primary fund for payment of general legacies unless the will clearly indicates otherwise.