
    Matter of the Judicial Settlement of the Account of Paul Schnitzler, as Executor of and Trustee Under the Last Will and Testament of Frederick Wolfram, Deceased.
    (Surrogate’s Court, Queens County,
    November, 1908.)
    Wills — Interpretation and construction — Designations and descriptions of persons, etc.—• Particular terms of doubtful meaning— Heirs — Under bequests of personal property.
    The word “ heirs,” when used in connection with personal property, means the next of kin of a decedent or those related by •blood who take the personal estate of an intestate.
    Where a legacy is given to the “ legal heirs ” of one, in consideration of her services to testator as housekeeper, her husband is excluded from sharing in the legacy; and it must be distributed among those related by blood to the housekeeper, or her legal next of kin, according to the degree of relationship.
    The executor of the housekeeper is entitled to receive the income from the legacy from the date of the last payment to her of the income to the time of her death.
    
      Matter of the judicial settlement of the account of an executor. The opinion states the case.
    Edward R. Vollmer, for executor.
    Ira G. Darrin, for Emile E. Rathgeber, executor of the last will and testament of Lisette Lockstaedt, deceased, et al.
   Noble, S.

The sixth paragraph of the last will and testament of Frederick Wolfram, deceased, contains the following provision:

To the legal heirs of Mrs. Lisette Lockstaedt, the sum of $2,000.00, forever, in consideration of her services to me as housekeeper;”

Said Lisette Lockstaedt received the income of the estate of said deceased up to and including the 1st day of December, 1907; said Lisette Lockstaedt died on or about the 4th day of April, 1908, leaving a last will and testament, which was duly admitted to probate by the Surrogate’s Court of the county of Queens on the 14th day of May, 1908, and letters testamentary thereunder were duly issued to Emile E. Rathgeber, sole executor named in said will.

Said Lisette Lockstaedt left her surviving her husband, Herman Lockstaedt, who is now confined in the Manhattan State Hospital, Ward’s Island, in the city, county and State of New York, as an insane person; and Paul Sehnitzler, the trustee of Frederick Wolfram, the decedent herein, has been duly appointed as committee for said Herman Lockstaedt.

Said Lisette Lockstaedt also left her surviving her sister, Louisa Stiep, and Ferdinand August Weigle, August Carl Weigle, sons of Carolina Weigle, deceased, who was a sister of said Lisette Lockstaedt, and Annie Weigle, a daughter of Frederick Weigle, deceased, who was a son of Carolina Weigle,. deceased. Other than the foregoing, said Lisette Lockstaedt left surviving her no other heirs at law or next of kin.

The rule of construction that has been adopted in this State is that the word “heirs,” when used in connection with personal property, means the next of kin of a decedent, or those related by blood, who take personal estate of one who dies intestate.” Tillman v. Davis, 95 N. Y. 17.

Section 2514 of the Code of Civil Procedure, subdivision 12, defines “ next of kin ” as including “ all those entitled, under the provisions of law relating to the distribution of personal property, to share in the unbequeathed residue of the assets of a decedent after payment of debts and expenses, other than a surviving husband or1 wife.”

Therefore, the words “legal heirs of Mrs. Lisette Lockstaedt,” used in the sixth paragraph of the will of the decedent herein, must be construed as meaning the “ next of kin ” of said Lisette Lockstaedt, or those related to her by blood who would share in the distribution of her personal estate had she died intestate. This, of course, excludes the husband of said Lisette Lockstaedt from any share in the legacy left to her under the will of Frederick Wolfram, deceased; and said legacy should be distributed among those related by blood to said Lisette Lockstaedt, or her legal next of kin, according to the degree of such relationship.

The executor under the last will and testament of said Lisette Lockstaedt, deceased, is entitled to receive the income on said legacy of $2,000, from December 1, 1907, the date of the last payment to her of such income, to the time of her death, April 4, 1908.

Enter decree accordingly.  