In re the Judicial Settlement of the Account of the of the Will of Alden
New York Surrogate's Court
Proceedings to establish a claim in favor of Fannie Hood, against the estate of Eliza Alden, deceased, for care and board of John S. Alden. The claim was presented to the executor of' the will of Eliza Alden, deceased, and was by him disputed; and a stipulation was made for the hearing and determination of the claim on judical settlement of the account of the executor.
1Opinion of the Court
Tallmadge, S.
Eliza Alden died March 1, 1899, leaving a last will and testament which, among other things, provides as follows: “ I give, devise and bequeath to my husband, John S. Alden, the use, interest and income of all the property of: *47which I may die seized whether real or personal. And in case the said use, interest and income be not sufficient for the proper maintenance and support of my said husband, John S. Alden, then I do hereby authorize and require the executor of this my last Will and Testament to use from the principal sum whatever amount may be necessary for his said proper…
2Cases cited5 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Riggs v. . CraggNew York Court of Appeals · 1882
- Genet v. WillockAppellate Division of the Supreme Court of the State of New York · 1904
- Claim of Clark v. Estate of HylandAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Wise v. WedlakeAppellate Division of the Supreme Court of the State of New York · 1926