In re the Judicial Settlement of the Accounts of McCollum
Appellate Division of the Supreme Court of the State of New York
Appeal by Annie Monahan, one of the legatees under the last will and testament of Daniel McCollum, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 14th day of June, 1902, as overrules the objections and exceptions made by the said Annie Monahan to the account of Elizabeth McCollum and William T. Rodgers, as executors, etc., of Daniel McCollum, deceased, and to the report of the referee appointed in…
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Appeal by Annie Monahan, one of the legatees under the last will and testament of Daniel McCollum, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 14th day of June, 1902, as overrules the objections and exceptions made by the said Annie Monahan to the account of Elizabeth McCollum and William T. Rodgers, as executors, etc., of Daniel McCollum, deceased, and to the report of the referee appointed in the proceeding. •
1Opinion of the Court
Jenks, J.:
1 think that the decree of the learned surrogate of Kings county should be affirmed.
The rule is that in the absence of authority expressed in the will, the death of a partner works the end of his trade, and, therefore, these executors had no authority to continue the business except for the purpose of converting the assets into money. ( Willis v. Sharp, 113 N. Y. 586, and authorities cited.) The oral request of the testator, made in his lifetime, was, of course, outside of the will, and did not confer such authority. ( Willis v. Sharp, supra.) Nor can the continuance of the fund in…
2Cases cited4 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Matter of StanfieldNew York Court of Appeals · 1892
- In Re the Accounting SlocumNew York Court of Appeals · 1901
- In re the Judicial Settlement of the Accounts of SlocumAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by10 opinions
- In re GlassNew York Surrogate's Court · 1929
- Love, Warren & Monroe Co. v. EnnisWashington Supreme Court · 1917
- In re the Estate of PrinceNew York Surrogate's Court · 1931
- McFadden v. BlairCourt of Appeals of Tennessee · 1956
- In re the Estate of WaitNew York Surrogate's Court · 1933
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