In re the Accounting of Bank of New York , 196 Misc. 236 ( 1949 )


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  • Boylan, S.

    The objections filed by Frances E. Livingston, having been withdrawn, the account is approved as filed. The *237executor is granted permission to abandon all property listed in schedule B-l of the account.

    By the fifth paragraph of his will, the decedent bequeathed his “ household furniture and furnishings ” to a cousin, Helen Stafford Jefferson. The executor requests the court to instruct it as to whether the decedent’s automobile is included in “ household furniture and furnishings ”. It has been held that the words “ personal effects ” and household effects ” were broad enough to include an automobile. (Matter of Jones, 128 Misc. 244; Matter of Winburn, 139 Misc. 5; Matter of Burnside, 185 Misc. 808.) The word “ effects ” is a very general term. The words “ furniture ” and furnishings ” have definite, certain and limited meanings which do not include an automobile.

    Enter decree accordingly.

Document Info

Citation Numbers: 196 Misc. 236

Judges: Boylan

Filed Date: 9/30/1949

Precedential Status: Precedential

Modified Date: 2/5/2022