Legal Opinion

In re Pollock

New York Surrogate's Court

Decided July 15, 1877PublishedCited by 4 opinions

This was a motion to confirm the report of the auditor on final accounting by Christian H. Lillienthal and Edward B. Brown, executors.

Read the full summary

This was a motion to confirm the report of the auditor on final accounting by Christian H. Lillienthal and Edward B. Brown, executors. James Pollock, the testator’s husband, died in 1856, leaving a will, by the third clause of which he gave to his wife, Jane Pollock, the net annual income of all his estate, for her natural life, subject to certain provisions made for his children, and charged his wife with the children’s maintenance, support and education, and appointed her their guardian. After the death of his wife, he devised to his son, James Pollock, his house at Esopus, with the…

1Opinion of the Court

The Surrogate.

— The first exception which I desire to consider is that of the infants, Ida L. and John S. Pollock, that the auditor erred in not allowing to the estate of testatrix, and charging the executors with, all the profits realized from the several contracts taken in the name of, and by, James Pollock, a nephew of the testatrix, amounting to over $160,000.

*106The will of James Pollock provided that certain contracts, which should remain unfulfilled at his decease, should be completed by his nephew, John Pollock, and he authorized his executors to make the necessary advancements for the…

2Cases cited3 opinions

  1. Clarkson v. ClarksonNew York Supreme Court · 1855
  2. Cogswell v. CogswellNew York Court of Chancery · 1834
  3. Simpson v. MooreNew York Supreme Court · 1859

3Cited by4 opinions

  1. McLouth v. . HuntNew York Court of Appeals · 1897
  2. Dannat v. JonesNew York Surrogate's Court · 1884
  3. In re GerryNew York Court of Appeals · 1886
  4. In re the Judicial Settlement of the Account of Bucklin & ClarkNew York Surrogate's Court · 1891

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API