Legal Opinion

In Re the Final Judicial Settlement of the Accounts of Reynolds

New York Court of Appeals

Decided March 3, 1891PublishedCited by 36 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a decree of the surrogate of the county of Monroe. The record presents the proceedings had upon the final judicial settlement of the accounts of Mortimer F. Reynolds, as executor of the last will and testament of Abelard Reynolds, deceased.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a decree of the surrogate of the county of Monroe. The record presents the proceedings had upon the final judicial settlement of the accounts of Mortimer F. Reynolds, as executor of the last will and testament of Abelard Reynolds, deceased. The decree in which such proceedings finally resulted proved unsatisfactory to the executor and appellant in two respects: 1st. It decreed that certain stocks, bonds, leases and bankbooks of the value of…

1Opinion of the CourtParker, J.

The testator’s office was in the building devised to his son by the third subdivision of the will; connected with it was a vault, and within the vault a safe in which money and securities were kept. When he died, a bank-book, certain securities of different kinds and money were.there. These, the appellant contends, passed to Mm under such subdivision, by which the testator devised to him, subject to a charge, the “ Arcade * * * including all the furniture and personal property in and upon the same, or in any manner connected therewith.” And he challenges the determination of the Surrogate’s…

2Cases cited2 opinions

  1. Johnson v. GossMassachusetts Supreme Judicial Court · 1880
  2. Taubenhan v. DunzIllinois Supreme Court · 1888

3Cited by36 opinions

  1. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  2. In re the Estate of WalkerNew York Court of Appeals · 1985
  3. In re the Probate of the Last Will & Testament of DelaneyAppellate Division of the Supreme Court of the State of New York · 1909
  4. In Re the Accounting of ThompsonNew York Court of Appeals · 1916
  5. In re GardnerAppellate Division of the Supreme Court of the State of New York · 1926

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