In re Marx
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Kings County. In the matter of the judicial settlement of the account of Margarethe C. Marx, as executrix of Frederick Marx, deceased, against Sophie L. C. N.usted and others. From a decree of the Surrogate’s Court (99 N. Y. Supp. 334, 49 Mise. Rep. 280), settling the accounts, the executrix, individually and as executrix, appeals. Reversed and remanded.
1DissentMiller, J.
I agree with the conclusion that the surrogate erred in surcharging the account of the executrix with the amount of the federal inheritance tax paid by her, but cannot assent to the proposition that the fifth clause of the will is too plain to admit of construction. Disconnected from its context and literally construed, with reference solely to its grammatical construction, it doubtless warrants the interpretation about to be adopted by this court; but 1 think the entire will, illumined by such circumstances as we have a right to consider, reveals the testator’s purpose so clearly that it is…
2Cases cited9 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Columbus Watch Co. v. HodenpylNew York Court of Appeals · 1892
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