In re the Judicial Settlement of the Account of Wilcox
Appellate Division of the Supreme Court of the State of New York
Separate appeals by Charles E. Congdon, as executor, etc., and Charles B. McCoy from certain parts of a decree of the Surrogate’s Court of the county of Cattaraugus, entered in said Surrogate’s Court on the 12th day of October, 1906, distributing a trust fund.
1Opinion of the Court
Williams, J. :
The decree should be modified so as to allow the estate of Mrs. Wilcox full commissions on the corpus of the fund, and as so modified affirmed, with costs to respondents represented by Attorneys Laidlaw, Crowley and Conley, payable from the fund involved.
The main controversy here is over the latter part of the 7th clause of the will of Bethuel McCoy, as modified by the 2d codicil to such will.
The will was executed August 1,1872, and the 2d codicil August 6, 1875. The decedent died May 12, 1876. His daughter, Mrs. Saunders, died intestate December 23, 1875, before her father’s…
2Cases cited2 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Brown v. . QuintardNew York Court of Appeals · 1903
3Cited by5 opinions
- In re HornidgeNew York Surrogate's Court · 1929
- Church v. WilsonAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Estate of BrannNew York Surrogate's Court · 1933
- In re the Estate of JohnsonNew York Surrogate's Court · 1956
- In re the Estate of ZieglerNew York Surrogate's Court · 1914