Legal Opinion

In re Rutherfurd

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1909PublishedCited by 1 opinion

Appeal by J. Herbert Carpenter, executor, etc., from an order of the Surrogate’s Court of the county' o.f Hew York, entered in said Surrogate’s Court on the 13th day of March, 1909.

1Opinion of the Court

Scott, J.:

This is an appeal by the executor of the will of Anne Morris Stout, deceased, from an order of the surrogate directing payment to the administrator of Isabella Eutherfurd of interest upon a legacy.

Anne Morris Stout died, on July 2,. 1900, leaving a last will and testament and a codicil thereto. By her will she gave legacies as follows: To Caroline B. Sntlifi $12,000; to J. Herbert Carpenter $10,000; to said Caroline B. SutlifE the further sum of $5,000, and to Isabella Eutherfurd $25,000. She directed that each legacy was to be paid in full before paying any subsequently-named…

2Cases cited2 opinions

  1. Wheeler v. . RuthvenNew York Court of Appeals · 1878
  2. In re the Estate of ErvingAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. In re the Judicial Settlement of the Accounts of WhiteNew York Surrogate's Court · 1927

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