In re Smith's Estate
New York Supreme Court
Appeal from surrogate’s court, Erie county. Petition by Helen S. McGillivray against Edward C. Hawks, testamentary trustee under the will of Eli B. Smith, deceased. The trustee appeals from part of the surrogate’s decree.
1Opinion of the CourtCorlett, J.
Eli B. Smith, of the city of Buffalo, made a will in November, 1876. In September, 1877, he made a codicil, and in April, 1883, executed another codicil, upon which the questions involved in this appeal arise. The will and codicils were admitted to probate in September, 1888. This proceeding was commenced in the form of a petition by Helen S. McGillivray,a daughter of the testator, and beneficiary under the will and codicils of the deceased. Such proceedings were had that the surrogate found a balance of $232.42 of income in the hands of the trustee, which he directed should be paid over to…
2Cited by3 opinions
- In re McCormickAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of MeyerNew York Surrogate's Court · 1931
- In re Smith's EstateNew York Supreme Court · 1892