Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Arrowsmith

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

Decided May 29, 1914PublishedCited by 35 opinions

Appeal by Vasco P. Abbott, as assignee, etc., from a decree of the Surrogate’s Court of the county of Hew York, entered in the office of said surrogate on the 30th day of October, 1913, judicially settling the account of William Arrowsmith, as executor of the last will and testament of Penelope McOrea, deceased, and construing said will and directing the distribution of the estate in accordance with the will as so construed.

1Opinion of the Court

Scott, J.:

The decree from which this appeal is taken was entered upon the report of a referee whose conclusions were adopted by the surrogate. No question is raised as to the accounts of the executor, the only contest being as to the proper disposition to be made of the residuary estate of the testatrix.

Penelope McCrea, an elderly maiden lady, died on February 25, 1908, leaving a will dated March 18, 1907, at which time the testatrix was about eighty-four years of age. She left as her sole heir and next of kin Mrs. Louise Terry Cruse, a niece, and Augustine L. McCrea, a nephew. After specific…

2Cases cited6 opinions

  1. Clay v. . WoodNew York Court of Appeals · 1897
  2. Hogan v. . CurtinNew York Court of Appeals · 1882
  3. In Re the Accounting of DurandNew York Court of Appeals · 1909
  4. Johnston v. . HughesNew York Court of Appeals · 1907
  5. In re the Judicial Accounting of SmithAppellate Division of the Supreme Court of the State of New York · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
  2. In Re the Probate of the Will of CookNew York Court of Appeals · 1926
  3. In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
  4. South Norwalk Trust Co. v. St. JohnSupreme Court of Connecticut · 1917
  5. Tate v. CampTennessee Supreme Court · 1922

30 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API