Legal Opinion

In re Franklin

New York Surrogate's Court

Decided January 15, 1899PublishedCited by 2 opinions

Settlement of the account of the executors of Morris Franklin, deceased.

1Opinion of the Court

MOORE, J. (acting as surrogate).

The contestants filed objection to the account of the executors as filed, and thereafter counsel for executors and counsel for the contestants filed a written stipulation reducing the issues to be determined. Ho testimony was taken. The stipulation submits four questions, which were argued at length: First. Were the taxes of the year 1885 a debt of the testator? Second. Are the executors entitled to more than one full commission for compensation under section 2730, Code Civ. Proc.? Third. Did the testator intend that his widow should take accruing rents and…

2Cases cited11 opinions

  1. Mygatt v. . WashburnNew York Court of Appeals · 1857
  2. In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
  3. Rundell v. . LakeyNew York Court of Appeals · 1869
  4. Whitson v. . WhitsonNew York Court of Appeals · 1873
  5. Deraismes v. . DeraismesNew York Court of Appeals · 1878

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3Cited by2 opinions

  1. Bogue v. LaughlinWisconsin Supreme Court · 1912
  2. In re the Judicial Settlement of the Accounts of McCormickNew York Surrogate's Court · 1905

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