In re James' Estate
New York Supreme Court
Appeal from surrogate’s couri;, Putnam county. Judicial settlement of the accounts of Julia L. Butterfield, as executrix of the will of Frederick P. James, deceased. From the decree settling the accounts, Charles D. Chase and others appeal. Modified.
1Opinion of the CourtBrown, P. J.
Frederick P. James died in May, 1884, leaving a last will and testament dated February 26, 1878. He left no descendants, and Ms heirs and next of kin were brothers and sisters,, and descendants of brothers and sisters. He left a widow, now Mrs. Butterfield, who is the sole executrix of the will. The will has. received judicial construction by the court of appeals (Woodward v. James, 115 N. Y. 346, 22 N. E. 150), and under it the executrix is entitled to one-half of the gross income, and the heirs of the testator are entitled to the other half, subject to the payment therefrom of all expenses,…
2Cases cited12 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Woodward v. . JamesNew York Court of Appeals · 1889
- Harris v. . ClarkNew York Court of Appeals · 1849
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
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3Cited by1 opinion
- Welch v. GrahamNew York Supreme Court · 1910