Jeannie T. Hard, as Administrators v. Leurendus B. Ashley, Appellants

Summary

The Court held that a codicil revoking a specific devise substitutes the new gift without removing the beneficiary from the residuary clause, that actions to compel an executor's accounting belong in Surrogate's Court, and that testimony regarding reliance on alleged fraudulent representations is admissible. Accordingly, the executor must distribute the estate respecting the adjusted proportions and the evidence of reliance must be allowed.