In Re the Accounting of Brown
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered January 3, 1896, which affirmed a decree of the Surrogate’s Court of Warren county, stating and settling the accounts of Stephen Brown and Dwight Merriman, as trustees under the will of Abraham Wing, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered January 3, 1896, which affirmed a decree of the Surrogate’s Court of Warren county, stating and settling the accounts of Stephen Brown and Dwight Merriman, as trustees under the will of Abraham Wing, deceased. The facts, so far as material, are stated in the opinion. The entire estate is-vested in the executors, as trustees, and the title will remain in them until the death or remarriage of Frances A. Wing. (Schouler on Wills, § 466; 1 Jarman on Wills [5th ed.], 839; Cochrane v. Schell,…
1Opinion of the CourtHaight, J.
The question presented for review arises out of the construction which should be given to the will of Abraham Wing, who died on the 13th-day of June, 1873, leaving him surviving his widow, Frances A., and two daughters Mary W., the wife of Dwight Merriman, and Ella W. Parker. At the time of his decease his daughter Mary "W. had three ■children, Tracy D., Ella W. and Howard L. Merriman. His ■daughter Ella W. also had children, hut they have no interest involved in this appeal. All of the testator’s grandchildren were born before the execution of the will, and survived the testator. Tracy D.…
2Cases cited16 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Smith v. . EdwardsNew York Court of Appeals · 1882
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Warner v. . DurantNew York Court of Appeals · 1879
- Goebel v. . WolfNew York Court of Appeals · 1889
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3Cited by64 opinions
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Clark v. . CammannNew York Court of Appeals · 1899
- In Re the Accounting of SilsbyNew York Court of Appeals · 1920
- Cammann v. . BaileyNew York Court of Appeals · 1913
- Steinway v. . SteinwayNew York Court of Appeals · 1900
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