In Re the Final Accounting of Morgan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 8, 1885, which affirmed a decree of the surrogate of the county of New York upon final settlement of the accounts of Mary J. Morgan, executrix, etc. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 8, 1885, which affirmed a decree of the surrogate of the county of New York upon final settlement of the accounts of Mary J. Morgan, executrix, etc. The material facts are stated in the opinion. The effect of the provision in Mr. Morgan’s will, that his property he “ given, devised and bequeathed as provided by the laws of the State of New York in cases of intestacy,” was to incorporate into the will the statute of distribution. (Stuart v. Stuart, L. R. 15 Ch. Div.…
1Opinion of the CourtDanforth, J.
On the 16th of April, 1878, Charles Morgan made a will in these words: 11 All my property, real and personal, is hereby devised and bequeathed as provided by the laws of the State of Hew York in cases of intestacy.” He appointed his wife, Mary J. Morgan, executrix, and on the eighth of May died. Letters testamentary were duly issued, and in February, 1880, the executrix applied to the surrogate for a judicial settlement of her account. Among other things (not material upon any question before us) she charged herself with 17,940 shares of the capital stock of “ Morgan’s Louisiana and Texas…
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