In re Hunter
New York Surrogate's Court
Upon an accounting by executors, it appeared that the will, after specific bequests, gave, devised, and bequeathed to the executors the residue of the testator’s estate, real and personal, in trust, to sell and dispose of the same at public or private sale, in their discretion, and, in the meantime, to receive the rents and profits, and, with the proceeds, to pay certain bequests set forth.
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Upon an accounting by executors, it appeared that the will, after specific bequests, gave, devised, and bequeathed to the executors the residue of the testator’s estate, real and personal, in trust, to sell and dispose of the same at public or private sale, in their discretion, and, in the meantime, to receive the rents and profits, and, with the proceeds, to pay certain bequests set forth. The executors held certain real estate under the residuary clause of the will, which had not been sold, but the rents of which had been collected and accounted for, and disbursements by way of assessments…
1Opinion of the Court
The Surrogate.
— The question submitted for consideration is whether the executors are accountable for the real estate, upon the principle that there is an equitable conversion of it to personalty by the terms of the will, and whether the final accounting can be made without the sale, by the executors, of the real estate.
The original proceedings were instituted by William Henry Hunter, one of the residuary legatees, for the purpose of enforcing the payment of a legacy to him as one of the residuary legatees, and thereupon the proceedings for a final accounting were initiated by the executors.
On…
2Cases cited1 opinion
- Stagg v. . JacksonNew York Court of Appeals · 1848
3Cited by1 opinion
- In re the Judicial Settlement of the Account of HazeltonNew York Surrogate's Court · 1912