Lawton v. Lawton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eliza M. 0. A. Lawton, individually and as executrix, etc., of James M. Lawton, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the. office of the clerk of the county of New York on the 9th day of April, 1898, upon the report of a referee, except from so much of said judgment as decides that the payments made by James M. Law-ton, deceased, as executor and trustee, out of the principal for the expenses of the…
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Appeal by the plaintiff, Eliza M. 0. A. Lawton, individually and as executrix, etc., of James M. Lawton, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the. office of the clerk of the county of New York on the 9th day of April, 1898, upon the report of a referee, except from so much of said judgment as decides that the payments made by James M. Law-ton, deceased, as executor and trustee, out of the principal for the expenses of the beneficiaries, were properly made and are to be credited to his estate, and that the plaintiff have commissions and costs,…
1Opinion of the Court
Van Brunt, P. J.:
Benjamin E. Lawton, the testator, died in October, 1888, leaving-no wife, and his only heirs and next of kin were six children, Wil~ liam W. Lawton, Henry D. Lawton, Harriet S. Lawton, James 1VL *391Lawton, Jr., George Lawton and Mary E. Lawton. They were all under the age of twenty-one at the time of the testator’s death. On the 20th of October, 1895, William W. Lawton reached the age of twenty-five years; on the 8th of October, 1895, Harriet S. Lawton reached the age of twenty-one years; on the 17th of August, 1897, Henry D. Lawton reached the age of twenty-three years; and in…
2Cited by13 opinions
- Duncklee v. ButlerNew York Supreme Court · 1899
- In re the Estate of VanderbiltNew York Surrogate's Court · 1928
- In re the Probate of the Will of vom SaalNew York Surrogate's Court · 1913
- In re the Estate of MaloneyNew York Surrogate's Court · 1923
- In re the Construction of the Will of JeffressNew York Surrogate's Court · 1950
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