Bowron v. . Kent
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 29, 1907, which modified and affirmed as modified a judgment construing the will of Ellen J. Banker, deceased. The facts, so far as material, are stated in the.opinion. The agreement of June 15, 1885, between Mrs. Kent and Mrs. Banker cannot be construed as providing for a deduction from any future legacy or devise to Mrs. Kent from Mrs. Banker.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 29, 1907, which modified and affirmed as modified a judgment construing the will of Ellen J. Banker, deceased. The facts, so far as material, are stated in the.opinion. The agreement of June 15, 1885, between Mrs. Kent and Mrs. Banker cannot be construed as providing for a deduction from any future legacy or devise to Mrs. Kent from Mrs. Banker. (Camp v. Camp, 18 Hun, 217; Arnold v. Haroun, 43 Hun, 278; Burnham v. Comfort, 108 N. Y. 535; Needles v. Needles, 7 Ohio St. 443;…
1Opinion of the CourtHaight, J.
This action was brought to obtain a construction of the last will and testament of" Ellen Josephine Banker, deceased, and for a settlement of the accounts of the executors and trustees thereunder. The only question in controversy arises over a contract executed by the appellant, Sara II. Kent, made with the testatrix in her lifetime, under which she has received the sum of $25,000, less $440 commission which, it is claimed by the respondents, should be deducted from the amount which she is now entitled to receive under the ninth clause of the decedent’s will.
The facts as found by the trial…
2Cases cited1 opinion
- In Re the Judicial Settlement of the Accounts of RobertNew York Court of Appeals · 1888
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- Estate of VanderhurstCalifornia Supreme Court · 1915
- In re the Estate of MoranNew York Surrogate's Court · 1930
- Commissioner of Internal Rev. v. MacAulay's EstateCourt of Appeals for the Second Circuit · 1945
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