In the Matter of the Estate of Elizabeth H. B. Carmer, Barbara Scoppettone, Respondent Willis C. Bailey

Summary

The Court held that the decedent’s specific bequest of all her shares of common or preferred stock did not include her interest in the cooperative apartment, and that the proceeds from the sale of that interest must be distributed under the will’s residuary clause. The decision was based on a construction of the will that gives effect to the testator’s intent to leave her residence to her relatives.