Legal Opinion

In re the Estate of Bogert

New York Surrogate's Court

Decided November 15, 1903PublishedCited by 8 opinions

Motion requiring trustees to pay over to a legatee her legacy under a will and also accrued income of a trust created for her benefit by the same will.

1Opinion of the Court

Church, S.

By the will of the deceased the petitioner was to receive a legacy of $1,000; in addition a trust was created of one-half of the residuary estate, the income of which was to be paid to the petitioner during her life.

The petitioner makes this motion for the payment to her of such legacy and also of the accrued income. This motion is resisted by the coexeeutors and trustees on the ground that the petitioner had made her promissory notes for the sum of $4,050 to the deceased, and that the same is unpaid, and that, therefore, the executors have the right to offset the same against the…

2Cases cited2 opinions

  1. Smith v. KearneyNew York Court of Chancery · 1848
  2. In re Estate of FosterNew York Surrogate's Court · 1902

3Cited by8 opinions

  1. In re the Judicial Settlement of the Account of Proceedings of Central Union Trust Co.New York Surrogate's Court · 1923
  2. In re the Estate of CramerNew York Surrogate's Court · 1938
  3. In re the Judicial Settlement of the Account of Proceedings of Central Union Trust Co.New York Surrogate's Court · 1922
  4. In re the Estate of ConnorNew York Surrogate's Court · 1968
  5. In re the Judicial Settlement of the Accounts of the Executors of the Last Will & Testament of KnibbsNew York Surrogate's Court · 1904

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