Legal Opinion

Carman v. Cowles

New York Surrogate's Court

Decided January 15, 1877Published

This was a proceeding for the final accounting of B. Oarman Cowles, and Joseph E. Donnell, surviving trustees, &c., of Charles E. Carman, under the last will and testament of Bichard R Carman, deceased.

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This was a proceeding for the final accounting of B. Oarman Cowles, and Joseph E. Donnell, surviving trustees, &c., of Charles E. Carman, under the last will and testament of Bichard R Carman, deceased. The facts material to the decision were as follows: Bichard R Carman died in July, 1867, leaving a will which was duly probated, whereby among other things there was devised and bequeathed to the trustees therein named as executors, one equal one third share of the residue of his estate in trust for his son Charles E. Oarman, during his natural life, and after his death to his children…

1Opinion of the Court

The Surrogate.

By section 72, 2 Statutes at Large, 97, (marginal paging, 93,) it is provided that on *416final settlement by an executor, or administrator, the Surrogate may order, upon the consent in writing of the parties who shall have appeared, the delivery of any personal property which shall not have been sold, and the assignment of any mortgages, bonds, notes, or ether demands not yet due, among those entitled to payment, or distribution, in lieu of so much money as such property or securities may be worth, to be ascertained by appraisement and oath of such persons as the Surrogate shall…

2Cases cited6 opinions

  1. Sipperly v. . BaucusNew York Court of Appeals · 1861
  2. Sibley v. . WaffleNew York Court of Appeals · 1857
  3. White v. ParkerNew York Supreme Court · 1850
  4. Cleveland v. WhitonNew York Supreme Court · 1860
  5. Battell v. . BurrillNew York Court of Appeals · 1872

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