| N.Y. Sur. Ct. | Feb 28, 1930
The will of the testatrix gives certain general legacies. The 2d paragraph gives $500 for the saying of 500 masses for the father and mother of the decedent.' The 3d paragraph gives $1,000 for masses for the decedent. Between the date of the will and death
The question is raised whether the bequest for masses is preferred, and not subject to the rule of abatement.
A general legacy given for a specific purpose abates with other legacies unless an intention is found to prefer the legacy. A gift for masses is a religious ceremonial, and comes within the pious uses which are upheld as public charities. The two legacies were charitable in nature. (Matter of Morris, 227 N.Y. 141" court="NY" date_filed="1919-10-14" href="https://app.midpage.ai/document/in-re-the-accounting-of-morris-3584580?utm_source=webapp" opinion_id="3584580">227 N. Y. 141; Matter of Welch, 105 Misc. 27" court="N.Y. Sur. Ct." date_filed="1918-11-15" href="https://app.midpage.ai/document/in-re-welch-6151457?utm_source=webapp" opinion_id="6151457">105 Misc. 27; Matter of Beck, 130 id. 765.)
The gift to charity is a general legacy. (Matter of Brooklyn Trust Company, 179 A.D. 262" court="N.Y. App. Div." date_filed="1917-07-31" href="https://app.midpage.ai/document/in-re-brooklyn-trust-co-5246945?utm_source=webapp" opinion_id="5246945">179 App. Div. 262.)
No rule of law prefers a general gift to charity as against any other general legacy. Consequently, the charitable gift for masses will abate with the other general legacies named in the will.
Submit order.