In re the Estate of Lynch
New York Surrogate's Court
This is the petition of Elizabeth A. Lynch, executrix, &c., for leave to resign. The petition sets forth that she and Richard M. Harrison were appointed executors, but that Harrison did not qualify.
Read the full summary
This is the petition of Elizabeth A. Lynch, executrix, &c., for leave to resign. The petition sets forth that she and Richard M. Harrison were appointed executors, but that Harrison did not qualify. That on the 4th of March, 1876, she obtained an order to advertise for claims, and did so; has paid all the debts presented, except eighty dollars, and she believes that there are no other debts unpaid ; that she has paid all legacies, excepting $1,500, which she is directed by the will to hold in trust, and pay the income to Mrs. Ann Mahoney during her life, and upon her decease to pay said sum…
1Opinion of the Court
Calvin, S.
It is consented that the executrix be allowed to resign, and the only question submitted is, when the interest on the sum left for the benefit of Ann Mahoney began to run. The language of the will in that respect is as follows: “I give to the executors of this, mv will, the sum of $1,500 in trust, to invest the same and pay the income thereof to my sister Ann, wife of Martin Mahoney, of Sara-toga Springs, during her life, and upon her death, to pay 'said sum to her children surviving her in equal shares.” It is conceded that the personal property of the estate was not alone…
2Cases cited6 opinions
- Cooke v. . MeekerNew York Court of Appeals · 1867
- Craig v. CraigNew York Court of Chancery · 1848
- Bradner v. . FaulknerNew York Court of Appeals · 1855
- Eyre v. GoldingSupreme Court of Pennsylvania · 1813
- Lawrence v. EmbreeNew York Surrogate's Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re McKayNew York Surrogate's Court · 1893
- Catron's EstateMissouri Court of Appeals · 1900
- Barrow v. BarrowNew York Supreme Court · 1890
- In re Stanfield's EstateNew York Supreme Court · 1892
- In re the Judicial Settlement of O'ConorAppellate Division of the Supreme Court of the State of New York · 1922
3 more not listed; retrieve them via the Exa API.