Legal Opinion

In re the Judicial Settlement of the Account of Harteau

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1908PublishedCited by 5 opinions

Cross-appeals by Margaret ¡N". Harteau and others, as trustees, etc., of Henry Harteau, deceased, and others, and by Harriette A. H. Berry, the contestant, from various parts of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 22d day of July, 1907, settling the accounts of the executors and trustees of Henry Harteau, deceased.

1Opinion of the Court

Gaynor, J.:

The will of the testator left all of his personal estate, excepting some specific bequests, to his executors, and contained an imperative power to them to sell his real estate at the death of his widow, or sooner upon her consent, and put the proceeds,into a common fund with the personalty, and also a direction to put all income into such fund,' and provided that they should dispose of the said fund as follows:

1. Fay to the Avidow for her life $1,200 a year, and also the taxes and repairs on her oavii residence, and also on the country residence of the deceased left to her for life…

2Cases cited3 opinions

  1. Kilpatrick v. . JohnsonNew York Court of Appeals · 1857
  2. Carter v. Board of Education of the Presbyterian Church of AmericaNew York Court of Appeals · 1895
  3. Reeves v. SnookAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by5 opinions

  1. In Re the Accounting of HarteauNew York Court of Appeals · 1912
  2. Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912
  3. In re HarteauAppellate Division of the Supreme Court of the State of New York · 1910
  4. In re the Judicial Settlement of Account of HarteauAppellate Division of the Supreme Court of the State of New York · 1910
  5. Staples v. MeadAppellate Division of the Supreme Court of the State of New York · 1912

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