In re the Judicial Settlement of the Accounts of Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by John S. Smith, as executor, etc., of Obadiah Chase, ■ deceased, from a decree of the Surrogate’s Court of the county of Schuyler, entered in said Surrogate’s Court on the 19th day of November, 1902, determining that certain moneys belong to J-Monroe Palmer, as executor, etc., of Elizabeth Farrington, deceased, and refusing .to compel him to account therefor to the appellant.
Read the full summary
Appeal by John S. Smith, as executor, etc., of Obadiah Chase, ■ deceased, from a decree of the Surrogate’s Court of the county of Schuyler, entered in said Surrogate’s Court on the 19th day of November, 1902, determining that certain moneys belong to J-Monroe Palmer, as executor, etc., of Elizabeth Farrington, deceased, and refusing .to compel him to account therefor to the appellant. In 1.870 John E. Chase, of Schuyler county, died, leaving a last will and testament which reads as follows : “ Will. “In the name of God, Amen. I, John E. Chase, of the Town ©f Hector, in the County of Schuyler…
1Opinion of the Court
Smith, J.:
The real intent of the testator does not seem to me difficult of ascertainment. His father was his sole next of kin. By fair presumption he would not outlive the widow. There can be no reasonable probability that what remained of the property after the death of the widow was reserved for his benefit, or for the benefit of any other party. His intention clearly was that the property should belong to his widow. He endeavored, however, to restrict the use of the property during the life of the widow. Whether or not he was successful in that endeavor is immaterial to the question here…
2Cited by2 opinions
- In re the Estate of DeanNew York Surrogate's Court · 1938
- Mersereau v. CampNew York Supreme Court · 1903