148 Misc. 546 | N.Y. Sur. Ct. | 1933
The objections of George Murphy and his daughter, Esther Murphy, concern the non-payment of their respective claims. Each claim is based on an alleged oral agreement by the testatrix, made on or about July 1, 1923, that if Esther Murphy, then fifteen years of age, would attend the Ursuline Academy, a boarding academy in Wilmington, Del., and was graduated therefrom, she would pay this claimant $20,000 by making a provision therefor in her will, and that if George Murphy would
Objections 1 and 2 of those filed, by Academy of Mount St. Ursula are sustained by consent. 3. This objection is dismissed as to the item of $915, and sustained as to the amount of Schedule D. 4. Upon this evidence, the power of sale in the will and the language used in making the pecuniary gifts therein, I find that the testatrix intended to charge all the legacies upon her real estate, and that the residuary legatee and devisee should receive only the balance- of her estate remaining after the satisfaction of such legacies. (Matter of McGowan, 134 Misc. 409; affd., 228 App. Div. 779; affd., 254 N. Y. 513; Taylor v. Dodd, 58 id. 335, 349.) This objection is dismissed as to that matter, and is sustained as to proper payments made by this objectant. 5. The bequests of bonds in the second, third and fourth paragraphs of the will are general legacies. (Matter of Liell, 139 Misc. 513.) This objection is sustained. 6. The proceeds of the sale of the realty, after reimbursement to this objectant of the payments mentioned in objection No. 4, will be applied towards the satisfaction of the general legacies and the balance, if any, will then be paid to the residuary devisee.
Settle decree accordingly.