Clinch v. Eckford
New York Court of Chancery
The object of the bill in this case, was to compel the other personal representatives of Henry Eckford deceased^ tó pay to the complainant, as one of those representatives, an annuity of $1200, from the death of Mr. Eckford, in 1832, to 1840, the time directed in his will for the distribution of his estate among his legatees and devisees.
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The object of the bill in this case, was to compel the other personal representatives of Henry Eckford deceased^ tó pay to the complainant, as one of those representatives, an annuity of $1200, from the death of Mr. Eckford, in 1832, to 1840, the time directed in his will for the distribution of his estate among his legatees and devisees. The bill stated that the complainant had, from 1824 until the death of Mr. Eckford, been his confidential clerk and book-keeper, and financier ; that from his situation he was fully acquainted with his commercial business and financial concerns; and that he…
1Opinion of the Court
The Chancellor.
Taking the will in connection with the several extrinsic facts and circumstances stated in the complainant’s bill, I have no doubt that the testator contemplated the continuance of the complainant, by the other executors, as the book-keeper and financial agent of the estate, as he had been of the testator himself, so far as the services of such an agent were necessary; and that the testator could not have intended to allow him a salary for the ordinary discharge of the duties of a joint executor merely. The term special services, necessarily means something more than the…
2Cited by13 opinions
- Collier v. . MunnNew York Court of Appeals · 1869
- In re Hayden's EstateNew York Supreme Court · 1889
- In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
- In re Butler's EstateNew York Surrogate's Court · 1888
- In re the Estate of DavisonNew York Surrogate's Court · 1940
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