In Re the Judicial Settlement of the Accounts of Powers
New York Court of Appeals
Appeal by Mary L. O’Flyn, a beneficiary under the will of Sarah Macomber, deceased, from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 24, 1890, which affirmed a decree of the Surrogate’s Court, settling the accounts of the executor of said will. • The material facts are stated in the opinion.
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Appeal by Mary L. O’Flyn, a beneficiary under the will of Sarah Macomber, deceased, from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 24, 1890, which affirmed a decree of the Surrogate’s Court, settling the accounts of the executor of said will. • The material facts are stated in the opinion. If the power of sale contained in the will be held broad enough to permit the sale of real estate by the executor to pay debts in default of insufficient personalty for that purpose, yet the said power was not exercised for that…
1Opinion of the CourtBradley, J.
The testatrix died April 5, 1873. Her will was admitted to probate and letters testamentary issued to ■George A. Powers April 10, 1873. His petition for judicial •settlement of his accounts was presented to the surrogate September 29, 1887, and until then he had filed no account. The referee, by his report, which was confirmed by the surrogate’s •decree, in stating the account charged the executor with :$119,618.69, and allowed to his credit $62,773.43, leaving a balance in his hands of $56,845.26 subject to reduction by his •commissions, and the costs and expenses of the accounting. And the…
2Cases cited7 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Lerche v. . BrasherNew York Court of Appeals · 1887
- Matter of City of RochesterNew York Court of Appeals · 1888
- Erwin v. . LoperNew York Court of Appeals · 1871
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3Cited by18 opinions
- Cross v. BensonSupreme Court of Kansas · 1904
- Pine Lawn Bank and Trust Company v. UrbahnsMissouri Court of Appeals · 1967
- Personeni v. . GoodaleNew York Court of Appeals · 1910
- O'Flynn v. . PowersNew York Court of Appeals · 1893
- Bailey v. HudkinsWest Virginia Supreme Court · 1927
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