In re the Judicial Settlement of the Account of Perry
New York Surrogate's Court
The question to be considered in this proceeding arise upon the judicial settlement of the account of the administratrices with -the will annexed of the estate of the deceased testator, and involve the validity of the provisions of the will respecting the power of alienation of real property, and the absolute ownership of personal property.
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The question to be considered in this proceeding arise upon the judicial settlement of the account of the administratrices with -the will annexed of the estate of the deceased testator, and involve the validity of the provisions of the will respecting the power of alienation of real property, and the absolute ownership of personal property. Andrew J. Avery died in the city of Dunkirk, New York, on the 11th day of August, 1902, leaving a last will and testament, which was admitted to probate by this court on the 27th of September, 1902; and letters testamentary were thereupon issued to The…
1Opinion of the Court
Woodbury, S.
It is contended by the three daughters of the testator, who are the residuary legatees under his will, that they are personally entitled to their respective distributive shares, after setting aside a fund sufficient to pay the annuities respectively bequeathed to Sara D. Avery, widow, and Mc-Dougal Avery, son, and to provide for the maintenance of the homestead, and their contention in this respect is based upon *107the alleged invalidity of the seventh and eighth paragraphs of the will as offending the provisions of the statute against the suspension of absolute ownership of personal…
2Cases cited15 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Kalish v. . KalishNew York Court of Appeals · 1901
- Everitt v. . EverittNew York Court of Appeals · 1864
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Williams v. . MontgomeryNew York Court of Appeals · 1896
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3Cited by1 opinion
- In re the Accounting of GordonNew York Surrogate's Court · 1944