Legal Opinion

In re of the Judicial Settlement of the Accounts of Smith

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1899PublishedCited by 3 opinions

Appeal by the petitioners, Sarah Wilson and another, from a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 27th day of April,; 1899, confirming the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said Surrogate’s Court on the 25th day of March, 1899, denying their application to set aside the report of the referee and direct him to take and state the account of Daniel H.…

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Appeal by the petitioners, Sarah Wilson and another, from a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 27th day of April,; 1899, confirming the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said Surrogate’s Court on the 25th day of March, 1899, denying their application to set aside the report of the referee and direct him to take and state the account of Daniel H. Smith, as executor of Sarah M. Combes, a deceased executrix of Hiram G. Combes, deceased, and, upon a rehearing, to rule…

1Opinion of the Court

Woodward, J.:

Hiram C. Combes died March 18, 1889, leaving a last will and testament, in which he appointed Sarah Marion Combes and Edward M. Reid executors. Both of these executors qualified, but up to the time of her death Mrs. Combes had the exclusive management of the estate. Mr. Combes, besides making numerous specific bequests, gave to Mrs. Coinbes the income of $30,000 during her lifetime, and directed that on her death this should be divided among certain charitable institutions. He also gave Lydia W. Harris the income of $5,000, and his brothers and sisters the income of $8,000 during…

2Cases cited4 opinions

  1. Blood v. . KaneNew York Court of Appeals · 1892
  2. In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
  3. Buffalo Loan, Trust & Safe Deposit Co. v. LeonardNew York Court of Appeals · 1897
  4. Mills v. . SmithNew York Court of Appeals · 1894

3Cited by3 opinions

  1. Anderson v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1922
  2. In re the Estate of HammondAppellate Division of the Supreme Court of the State of New York · 1921
  3. In re RolandAppellate Division of the Supreme Court of the State of New York · 1934

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