In re the Estate of Steiner
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry M. Ahner, as executor, etc., from an order of the Surrogate’s Court of the county of Kings, entered in said surrogate’s office on the 4th day of January, 1909, directing the executor to render and settle an account of his proceedings. He is a son of the testator. The order was made on the petition of Mary M. Steiner, a daughter of the testator, under the following clause of the will, no other provision being made for her, viz.: Second.
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Appeal by Henry M. Ahner, as executor, etc., from an order of the Surrogate’s Court of the county of Kings, entered in said surrogate’s office on the 4th day of January, 1909, directing the executor to render and settle an account of his proceedings. He is a son of the testator. The order was made on the petition of Mary M. Steiner, a daughter of the testator, under the following clause of the will, no other provision being made for her, viz.: Second. All the rest, residue and remainder of my estate, real and personal, of whatsoever kind and wheresoever situate, of which I may die seized and…
1Opinion of the Court
Gaynor, J.:
Unless the respondent be entitled to a distributive share, legacy, “ or other pecuniary provision ”, of the testator’s estate, she had no standing to require the executor to account (Code Civ. Pro. §§ 2725, 2726). The learned Surrogate held that she is entitled to “ a pecuniary provision under the will ”, but did not state what it is. The brief of the learned counsel for the appellant says that the second paragraph of the will leaves all of the testator’s estate to the appellant, who is the testator’s son and executor, “ to use it for the benefit of himself and his sisters ” (and…
2Cases cited2 opinions
- Lawrence v. . CookeNew York Court of Appeals · 1887
- In re ConnerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- In re the Accounting of Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1954
- In re the Estate of JudgeNew York Surrogate's Court · 1931
- In re the Estate of SkidmoreNew York Surrogate's Court · 1933
- In re Proving the Last Will & Testament of EnrightNew York Surrogate's Court · 1919
- In re the Estate of GottfriedNew York Surrogate's Court · 1963
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