Matter of Denton v. . Sanford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 8,1886, which affirmed a decree of the surrogate of the county of Orange, dismissing the petition of the petitioners herein. (Mem. of decision-below, 39 Hun, 487.) The nature of the petition and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 8,1886, which affirmed a decree of the surrogate of the county of Orange, dismissing the petition of the petitioners herein. (Mem. of decision-below, 39 Hun, 487.) The nature of the petition and the material facts are stated in the opinion. The residuary clause of the will carries with it Only the estate that remains after payment of the debts and the legacies directed by the will. (King v. Strong, 9 Paige, 94; Banks v. Phelan, 4 Barb. 80; Pirnie v. Purdy, 19…
1Opinion of the CourtEarl, J.
Samuel Denton died April Y, 18Y8, leaving a will in which these respondents were appointed executors, and leaving personal estate inventoried at about $48,000, but actually worth much less. He gave legacies to various persons, and created trusts, and made these respondents trustees of $3,000, and ordered the interest to be paid annually to ¡Nathaniel ¡¡Et. Denton and at his death the principal sum to be divided between his children and trustees, of $1,000, and ordered the interest to be paid annually to John Baird, and at his death the principal sum to be divided between his children ; and he…
2Cases cited2 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Ormiston v. . OlcottNew York Court of Appeals · 1881
3Cited by17 opinions
- Costello v. . CostelloNew York Court of Appeals · 1913
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Pabst v. GoodrichWisconsin Supreme Court · 1907
- In re the Estate of ClarkNew York Surrogate's Court · 1938
- In re the Estate of ParsonsNew York Surrogate's Court · 1932
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