In Re the Accounting of Caldwell
New York Court of Appeals
Appeal from an order of the Appellate Division of The Supreme Court in the fourth judicial department, entered June 1, 1906, which affirmed a decree of the Onondaga County Surrogate’s Court settling the accounts of the executors herein. The facts, so far as material, are stated in the opinion. The executors were directed to sell all the real estate not specially bequeathed and turn the same into money. There was, therefore, a conversion of realty into personalty.
Read the full summary
Appeal from an order of the Appellate Division of The Supreme Court in the fourth judicial department, entered June 1, 1906, which affirmed a decree of the Onondaga County Surrogate’s Court settling the accounts of the executors herein. The facts, so far as material, are stated in the opinion. The executors were directed to sell all the real estate not specially bequeathed and turn the same into money. There was, therefore, a conversion of realty into personalty. (Chaplin on Wills, 457; Fraser v. Trustee, etc., 124 N. Y. 479; Fisher v. Banta, 66 N. Y. 476 ; Moncrief v. Ross, 50 N. Y. 436 ;…
1Opinion of the CourtWillard Bartlett, J.
This appeal brings up for our consideration the rulings of the surrogate of Onondaga county in respect to three matters in controversy between 'the widow and executrix of. Charles W. Garloclt, deceased, on the one hand, and her co-executor and the' other parties interested in the estate on the other.
The will of Charles W. Oarlock was executed on March 13, 1903. In the first paragraph the testator directed that all his just debts and funeral expenses be paid. In the second paragraph he bequeathed to his wife, Addie Oarlock, all his household goods and furniture and jewelry and diamonds, except…
2Cases cited2 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Parker v. . LindenNew York Court of Appeals · 1889
3Cited by33 opinions
- Succession of WallaceSupreme Court of Louisiana · 1991
- Rivet v. BattistellaSupreme Court of Louisiana · 1929
- Mason & Mason v. BrownCourt of Appeals of Texas · 1944
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In Re Lachmund's EstateOregon Supreme Court · 1946
28 more not listed; retrieve them via the Exa API.