In re Starr
New York Surrogate's Court
Application by executors for commissions, and for a construction of decedent’s will, upon the judicial settlement of their account. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The above named executors present their accounts as such, and ask for a final settlement of the same. They also ask to be allowed commissions, both as executors and trustees, and for the direction of the court as to the distribution of the fund, alleging that the bequests directed to be paid by section 23 of the will are invalid.
The testator died in 1869, and left the bulk of his estate to his executors in trust to pay debts and certain personal legacies, and thereafter made the following provisions, viz:
Sec. 23. “ Should the proceeds of my entire estate, real and personal, more…
2Cases cited5 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- Hall v. . HallNew York Court of Appeals · 1879
- Rose v. RoseNew York Court of Appeals · 1863
- Ward v. FordNew York Surrogate's Court · 1879
- In re CarmanNew York Surrogate's Court · 1877
3Cited by1 opinion
- Willett's EstateNew York Surrogate's Court · 1888