Clapp v. Meserole
New York Court of Appeals
Everett Clapp, individually and as administrator with the will annexed of Simon Richardson, deceased, filed a petition in the supreme court, against Grace C. Meserole and others, to have a review of a decree made by the surrogate, on the final accounting of Clapp, the petitioner, as such administrator.
Read the full summary
Everett Clapp, individually and as administrator with the will annexed of Simon Richardson, deceased, filed a petition in the supreme court, against Grace C. Meserole and others, to have a review of a decree made by the surrogate, on the final accounting of Clapp, the petitioner, as such administrator. The testator’s will left one-third of his personal property to his wife, and the residue, in six parts, to five children, and the children of a deceased daughter; and devised his real estate (after certain life interests in the income) to his executors, in trust, to sell it and divide the…
1Opinion of the Court
By the Court.
Denio, Ch. J.
It is not claimed that there was any error in the decree of the surrogate, so far as the settlement of the appellant’s accounts as administrator are concerned. He does not complain that he was charged with any greater sum than that which had come into his hands, or that any allowances to which he was entitled were rejected. But, as the assignee of the testamentary gifts in favor of Stephen and William Richardson, he was interested in the distribution of the balance in his hands as administrator, and the supposed error of which he complained affects only his interest…
2Cited by5 opinions
- In re the Estate of JamesNew York Surrogate's Court · 1933
- In re the Accounting of EatonAppellate Division of the Supreme Court of the State of New York · 1953
- In re the Estate of GordonNew York Surrogate's Court · 1938
- In re the Estate of ShanaburghNew York Surrogate's Court · 1935
- In re the Estate of SingerNew York Surrogate's Court · 1939