Legal Opinion

In re the Judicial Settlement of the Account of Curtis & Waterbury

New York Surrogate's Court

Decided January 15, 1890PublishedCited by 1 opinion

Accounting of Catherine N. Curtis, and Albert G. Waterbury, as executors of the will of John Skilhnan, deceased. The facts appear in the opinion of the Surrogate.

1Opinion of the Court

The Surrogate.

I agree with the conclusions reached by the learned referee in his report in this matter, except in one particular, to wit: I think the sum of $9,375 received by the executrix in 1870 from the Brooklyn Gaslight Company was capital and not income, and that the referee erred in holding it to be *162income to which the life tenant was entitled. The testator gave the income of his personal estate to his wife for life, with remainder over. " He died in 1865, and at the time of his death owned stock in the Brooklyn Gaslight Company. This was not disposed of by the executrix, and the…

2Cases cited4 opinions

  1. In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. Allen v. DeGroodtSupreme Court of Missouri · 1889
  4. In re GerryNew York Court of Appeals · 1886

3Cited by1 opinion

  1. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931

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