Legal Opinion

In re the Judicial Settlement of Johnson

New York Surrogate's Court

Decided February 15, 1904PublishedCited by 1 opinion

On the 6th day of July, 1886, letters testamentary on the last will and testament of Horace K. Chittenden, deceased, were granted and issued to William E. Johnson and Addison O. Hull, who thereafter acted as executors and trustees under said will.

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On the 6th day of July, 1886, letters testamentary on the last will and testament of Horace K. Chittenden, deceased, were granted and issued to William E. Johnson and Addison O. Hull, who thereafter acted as executors and trustees under said will. On July 30, 1903, a, petition was filed in the surrogate’s office of Greene county, by Hattie A. Sdirect, an interested party under said will, praying that the accounts of said executors and trustees be judicially settled, and that said executors show cause why the letters testamentary issued and granted to them should not be revoked, and a new…

1Opinion of the Court

Tallmadge, S.

It appears from the testimony that the balance of $775, referred to in the account, consisted of proceeds of a mortgage amounting to $500, and of amounts paid on vendue notes and on sales of personal property. Two hundred dollars of the $500, representing said mortgage, was paid by the mortgagor to Addison O. Hull, the coexecutor, which amount was thereafter retained by him, the mortgage at the time of the payment being in the possession of said Hull. Thereafter and in the month of April, 1892, the mortgagor paid the balance of said mortgage amounting to $300. At the time of this…

2Cases cited19 opinions

  1. Purdy v. . LynchNew York Court of Appeals · 1895
  2. Croft v. . WilliamsNew York Court of Appeals · 1882
  3. Wilmerding v. . McKessonNew York Court of Appeals · 1886
  4. Earle v. . EarleNew York Court of Appeals · 1883
  5. Mygatt v. . WilcoxNew York Court of Appeals · 1871

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3Cited by1 opinion

  1. In re the Final Judicial Settlement of the Account of HalsteadNew York Surrogate's Court · 1904

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