...arriving at the amount of debts that require an abatement of Randall's bequest. Other facts that are relevant to our decision will be discussed in our consideration of the legal issues presented.... I. Whether Donald Ohrt's Mortgage Indebtedness and Contract Purchase Indebtedness Should be Considered in Determining the Abatement of Randall's Bequest...Ohrt I this court, in discussing the debts that might require abatement of Randall's bequest stated as follows...

...named charities or is part of her general estate to be distributed to the general legatees. It is the rule that in the absence of an indicated intent to the contrary as to the order of abatement of legacie... In the Matter of the Accounting of C. FREDERICK MARSH et al., as Executors of CASSIE BISHOP, Deceased. Surrogate's Court, Seneca County.... Paragraph fourteenth of decedent's will, which the court in this proceeding is asked to construe reads as follows: "All the rest, residue and remainder of my estate, real and personal wherever situate...

...an abatement of the legacies. The question is raised whether the bequest for masses is preferred, and not subject to the rule of abatement. A general legacy... In the Matter of the Estate of AUGUSTA K. WERRICK, Deceased. Surrogate's Court, Westchester County. February 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...

.... They agree that the proper rule to apply is that, in the absence of an indicated intent to the contrary as to the order of abatement, a bequest of a residuum abates before general legacies while...of the residuary clause which mentions specific articles and have read therein a specific bequest of such articles to the son Raymond. Because the residue and the enumerated articles are practically...the same it has been held that the wife takes nothing. But the mere enumeration of specific articles in a residuary clause will not make the bequest specific as to such articles, although the gift may...

...allowance under IND. CODE 29-1-4-1. In the Petition to Construe Item Four, Lawsky sought an order authorizing abatement of the specific bequest to Harold in order to satisfy the surviving spouse's.... DECISION In this appeal, Harold raises the single issue of whether the court acted contrary to law in ordering abatement of his specific ...number of specific bequests containing assets sufficient to satisfy the widow's personal property allowance, and if Harold's bequest were the only one providing for abatement, we might be more...

...charities or is part of her general estate to be distributed to the general legatees. It is the rule that in the absence of an indicated intent to the contrary as to the order of abatement of legacies, a ... 02-21-1955 In the Matter of the Accounting of C. Frederick Marsh et al., as Executors of Cassie Bishop, Deceased.... BODINE, S. Paragraph fourteenth of decedent's will, which the court in this proceeding is asked to construe reads as follows: "All the rest, residue and remainder of my e...

...deducting the $17,194.64 of pecuniary legacies. The pecuniary legacies having all been paid in full, there is no question of any abatement or reduction of them. The bequest of one-half of...nothing in the residuary clause of the fourth codicil that revokes the bequest to the decedent's surviving sister of one-half of "any moneys and...in my residence, No. 17 West Twentieth street, in the city of New York, and also any moneys and securities to me belonging at my decease, the same to be equally divided between them, saving and...

...case presents us with a query regarding abatement of bequests. Abatement occurs when the decedent's estate is insufficient to satisfy all debts and testamentary bequests, and refers to the resultant reduction or diminution ...payment of estate debts or provide for an alternate form of abatement than the pro rata abatement in paragraph one. We cannot find any provision in this section that would apply to a general bequest. ..., 42 O.O.2d 301, 303, 234 N.E.2d 615, 618 (holding that "a testator's intention to depart from the usual order of abatement must clearly appear from the will"). and 32 Oh...

...should be a proration of taxes was a matter determined by the decree of final distribution. Because the failure to prorate caused an abatement of Kathryn's specific bequest, proration was not only in issue...where it becomes necessary or proper for any cause. While Kathryn is bound by the determinations in the final decree (1) there is to be no proration, and (2) the specific bequest of $10,000 to her is abated to the extent the residue...died testate July 8, 1966. Most of his estate consisted of nonprobate insurance proceeds which went to his four children but were taxable to his estate. His will provided for a specific bequest of...

...of construction. p. 470. 4. WILLS — Specific Bequest — General Bequest — Order of Abatement. — A specific bequest of part of the residual estate indica...the Trust Estate shall be set apart . . . and hereafter called the `Cleora Barris Jackson Share'." Since the testator has made a specific bequest of part of the residual estate, we must take this as ind.... Appeal from a judgment determining the order of abatement of assets in the residuary clause of a will. Affirmed by the Second Division...

...testator to be in lieu of dower. The Surrogate denied her petition upon the finding that she had entered into a binding agreement with other legatees to accept a proportional abatement of her bequest. She...asserting this preference by a binding agreement to accept a prorata abatement of her legacy. The force and effect of this purported agreement, and the circumstances surrounding its execution in part...agreement which was reduced to writing failed to include, because of fraud or mistake, provisions about abatement of the legacies. It is not clear from the answer of the respondents whether they are...

...considering situations involving ademption, abatement or disposition of income earned on the subject of the bequest during administration. Illustrative of the later situation is the decision of ou..., 125 A. 871. In situations involving ademption or abatement it seems to be well settled that a bequest of shares of...clothed with the characteristic of a specific bequest as to avoid abatement or ademption either in value or in kind...

...provide for her in his will. As to the Item V bequest, the court ruled that this bequest is not subject to abatement, because it is for the support of the testator's household staff...bequests will abate. For the usual rule that general legacies abate pro rata first, followed by the pro rata abatement of specific and demonstrative legacies, is subject to exceptions. The exception which was re...intention on the part of the testator to give priority to a bequest for the support of a near relative, Owens does not expressly recognize this as an exception to the usual rules governing abatement...

...adds that the decedent's intent expressed in a will regarding the abatement of bequests will control over this section. TEX. EST. CODE ANN. § 355.109(c). Here, the ...Amended Inventory, Appraisement and List of Claims, said bequest is valued at $78,348.94. Furthermore, Mr. Baker's will does not express his intent regarding abatement of bequests. No bequest contained in...the will includes language that the bequest shall pass free and clear of debts. The general paragraph addressing debts and expenses does not...

...testator's possession, but was bought for her; and still earlier in the order of the will, a bequest of the use of $1,000 to each of the said daughters. The appellants insist that the bequest ...objections taken by the appellants, and the construction of separate provisions for which they contend. The will contains a bequest in the following language: "I give to my...daughter Emily $35 in money." Immediately preceding this was a specific bequest to the other daughter, Amelia, of a gold watch, which was in...

...the said amount to such children of the said Blanche Purnell Russell, as shall be living at the time of my decease, equally to be divided between them, share and share alike, and without abatement of any residual ...abatement of any residual bequest." No reference is made in the will, other than in the residual bequest, to either Emma Kate Whaley, Ethel Purnell MacGregor, or their children or...the answers, that Frances Purnell Thebaud is an adult and at the time of the death of the testator, on January 28, 1940, had no children or descendants. For this reason, the bequest of one-eighth of...

...determining what rate of abatement should be applied to an annuity bequest to Birdie L. Jennings and to general bequests of cash sums to other legatees. Harriet Levy provided in her will (for the...Bank of Toms River v. Levy, 123 N.J. Eq. 21. 2. The remaining question, whether, on an abatement of legacies..., must abate proportionately and that reference should be made to a master to determine the value of the annuity and the amount of the abatement. The matter was referred to a master who, on May 17th...

...change the character of a pecuniary legacy. Held, further, there being nothing in the will to show an intention to give the sum without abatement, the bequest must abate with other general.... (1) Pecuniary Legacies. Abatement. A will bequeathed a sum of money to two parties, with the provision that the income thereof should go to...another during life: — Held, that the bequest was not strictly an annuity, but the temporary income of a pecuniary legacy. Held, further, that a mere diversion of income for a time cannot...

.... Bequest — General Legacy — Abatement. A gift of $30,000 to a daughter of testator to be paid out of the general estate of testator is a general legacy, and a contract made by the parties ..., that Anna had waived her right to insist that the $30,000.00 bequest to Gladys should bear its proportionate share of the burden of the abatement. In reaching this conclusion the district court erred.... In Department. 1. WILLS AND ESTATES — Legacies — Abatement — Statute. Bequests to daughters of sums...

...letters testamentary and appointed executor of the estate. Executor filed a First and Partial Account and a Petition for Abatement of Specific Bequest. The Petition asked the court to enter an order..., filed objections to the First and Partial Account. She also filed an answer to the Petition for Abatement of Specific Bequest, a brief in support, and two memoranda of law...second interim report, and, following a hearing, a Report of Master ("Report"). The Report recommended that the court grant the Petition for Abatement of Specific Bequest, order Executor to sell the...