Whitney v. Phoenix
New York Surrogate's Court
Motiost to confirm the report of the auditor and referee, upon accounting of executors, except as to one finding thereof, referred to below. Opposed by the representatives of two deceased sons of the testator, certain of the grandchildren, and, as to that one finding, by a daughter of decedent. . The provisions of the will and codicil, affecting the questions raised by the exceptions, are contained in the following clauses. Sixth.
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Motiost to confirm the report of the auditor and referee, upon accounting of executors, except as to one finding thereof, referred to below. Opposed by the representatives of two deceased sons of the testator, certain of the grandchildren, and, as to that one finding, by a daughter of decedent. . The provisions of the will and codicil, affecting the questions raised by the exceptions, are contained in the following clauses. Sixth. I hereby order and direct that my said'exmutors and trustees, or such of them' as may qualify and assume upon themselves the execution of this my will, the…
1Opinion of the Court
The Surrogate.—The following questions are presented in this matter for determination.
First, whether- the executors, as such, on this accounting, should include all their proceedings as the repre*193sentatives of this estate, notwithstanding the will denominates them trastees as well, and they have assumed, in the latter capacity, to deal with the estate under the provisions of the will, and have commenced an action in the Supreme Court for an accounting as trustees, making all the persons interested therein, parties ; and that action is now pending therein.
Second, whether the executors…
2Cases cited10 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Johnson v. CorbettNew York Court of Chancery · 1844
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
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3Cited by5 opinions
- U. S. Trust Co. v. BixbyNew York Surrogate's Court · 1884
- Lacey v. DavisNew York Surrogate's Court · 1881
- Brush v. SmithNew York Surrogate's Court · 1883
- In re the Estate of MeyerNew York Surrogate's Court · 1884
- In re the Judicial Settlement of the Account of Bucklin & ClarkNew York Surrogate's Court · 1891