In re Final Accounting & Judicial Settlement of the Estate of Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by John B. Davis and Owen T. Davis, as executors of and trustees under the last will and testament of Owen T. Davis, deceased, from a decree of the Surrogate’s Court of Oneida county, entered in said Surrogate’s Court on the 16th day of March, 1898, judicially settling their accounts, and.also an appeal by Thomas T. Davis, as administrator,-etc., of Elizabeth Davis, deceased, from said decree in so far as it affects him as administrator of said estate.
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Appeal by John B. Davis and Owen T. Davis, as executors of and trustees under the last will and testament of Owen T. Davis, deceased, from a decree of the Surrogate’s Court of Oneida county, entered in said Surrogate’s Court on the 16th day of March, 1898, judicially settling their accounts, and.also an appeal by Thomas T. Davis, as administrator,-etc., of Elizabeth Davis, deceased, from said decree in so far as it affects him as administrator of said estate. Upon the 10th day of May, 1871, Owen.T. Davis died, leaving a last will and testament, the material parts of which are as follows, viz.…
1Opinion of the Court
Smith, J.:
The complaint of Thomas T. Davis as administrator of the estate of the widow is of the sum allowed the executors as paid to the widow during her life. He contends that the surrogate had not sufficient proof of many of the items which enter into the allowance made. The surrogate finds that Elizabeth Davis, the widow, was old and blind and unable to read and write; that her family, *333during her widowhood, much of the time consisted of a grandson of unsound mind and at least two other members of the family, part of the time, together with servants; that she had no means of support except…
2Cases cited2 opinions
- Champion v. BrownNew York Court of Chancery · 1822
- Beattie v. BeattieNew York Supreme Court · 1894
3Cited by4 opinions
- In re the Accounting of Hilts McMonagleAppellate Division of the Supreme Court of the State of New York · 1910
- Baker v. StruckNew York Supreme Court · 1927
- In re the Estate of KelleherNew York Surrogate's Court · 1929
- In re the Estate of JackNew York Surrogate's Court · 1935