In Re the Final Judicial Settlement of the Account of McComb
New York Court of Appeals
Appeal from order of the General Term of the Supreme^ Court in the second judicial department, made June 30,1888, Avhich affirmed a decree of the surrogate of Kings county on final settlement of the account of the executors of the will, of Abraham B. Baylis, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme^ Court in the second judicial department, made June 30,1888, Avhich affirmed a decree of the surrogate of Kings county on final settlement of the account of the executors of the will, of Abraham B. Baylis, deceased. The facts, so far as material, are stated in the opinion. The objections of' the guardian ad litem were not merely technical, nor made-for the purpose of preventing the payment of any just claim out of the estate of the decedent. (Russell v. Russell, 36 N. Y. 581, 586.) The fund is in the hands of John McOomb and William H.…
1Opinion of the CourtFinch, J.
A bare statement of the facts of this case will show that grave injustice has been done to the rights of the infants who appeal, and that the statutory provisions supposed to be conclusive have been incorrectly interpreted.
By his will the testator gave to his infant daughters, Lilly and Emma, respectively, specific parcels of real estate which he identified and described, and which were incumbered by mortgages the amount of which he named. He had already ■charged upon the same lands a life estate for his wife, to whom .he had given all his personal property which should remain .after the…
2Cases cited6 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Kinnier v. . RogersNew York Court of Appeals · 1870
- Erwin v. . LoperNew York Court of Appeals · 1871
- Glacius v. . FogelNew York Court of Appeals · 1882
- Russell v. . RussellNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re the Judicial Settlement of the Accounts of PowersNew York Court of Appeals · 1891
- Butler v. GreenNew York Supreme Court · 1892
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
- Baldwin v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of NewellNew York Surrogate's Court · 1902
7 more not listed; retrieve them via the Exa API.