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.