In Re the Accounting of Morris
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 5, 1919, which affirmed a decree of the Kings County Surrogate’s Court judicially settling the accounts of the executors of Catherine Corey, deceased. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 5, 1919, which affirmed a decree of the Kings County Surrogate’s Court judicially settling the accounts of the executors of Catherine Corey, deceased. The facts, so far as material, are stated in the opinion. Paragraph 8 of the will must be construed as a gift in trust rather than simply a direction to the executors to pay funeral expenses, say masses and erect a tombstone, and such being the construction of the paragraph, the corpus of the gift cannot be cut…
1Opinion of the CourtPound, J.
The testatrix, an aged widow, made her will on June 10, 1916. She died shortly thereafter and letters testamentary were issued to the executor and executrix therein named. She left seventeen nephews and nieces in Wales, her only next of kin. By her will she makes pecuniary legacies to seven of them in various amounts aggregating $10,000. She also gives $100 to “ my friend Susie Teman ” and $300 to “ my faithful friend Catherine Morris,” to whom she also gives all the personal property in the house. Catherine Morris and her husband, since deceased, are named as the executors of the will.…
2Cases cited4 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- SchoulerMassachusetts Supreme Judicial Court · 1883
- In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by38 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- In re the Estate of WalterNew York Surrogate's Court · 1933
- Estate of HamiltonCalifornia Supreme Court · 1919
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
33 more not listed; retrieve them via the Exa API.