New York Court of Appeals

In the Matter of the Accounting of John A. Brann, as Executor of Alice v. Leavitt, Deceased, Respondent. Bessie R…

November 21, 1916219 N.Y. 263

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the shares of thirty‑nine subsidiary companies received by the testatrix as an extraordinary dividend are not part of the specific legacy of thirty Standard Oil shares and therefore pass to the residuary legatee. The codicil did not alter the description of the trust, so the specific legacy remains limited to the original shares.