Legal Opinion

Stimson v. . Vroman

New York Court of Appeals

Decided April 14, 1885PublishedCited by 43 opinions

Appeal from judgment of the G-eneral Term of the Supreme Court, in the fourth judicial department, entered upon an order made May 1, 1883, which reversed in part a decree of the surrogate of the county of Schenectady, on tile final accounting- of Dennis V. Stimson and Frederick C. Vroman, as executors of the will of John ÍT. Vroman, deceased. The facts so far as material are stated in the opinion.

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Appeal from judgment of the G-eneral Term of the Supreme Court, in the fourth judicial department, entered upon an order made May 1, 1883, which reversed in part a decree of the surrogate of the county of Schenectady, on tile final accounting- of Dennis V. Stimson and Frederick C. Vroman, as executors of the will of John ÍT. Vroman, deceased. The facts so far as material are stated in the opinion. The surrogate did not erf in ruling that the payment of the $2,000 mortgage was postponed until after the widow’s death and the interest thereon was to be applied toward the payment of her annuity…

1Opinion of the CourtEarl, J.

The testator, John 27. Vroman, died in May, 1874, leaving a will executed in February, 1873, in which the respondent, Dennis Y. Stirnson, and the appellant, Frederick C. Yroman, are nominated executors. The will was admitted to probate and letters testamentary were issued to the executors in October, 1874. The disposing portions of the will are contained in two clauses as follows :

“First, After all my lawful debts are paid and discharged, I give and bequeath unto my wife, Catharine, and my daughter, Elizabeth, the use and income of the house and lot wherein I now reside, during the life-time…

2Cases cited4 opinions

  1. Thurber v. . ChambersNew York Court of Appeals · 1876
  2. Doe ex dem. Barnes v. ProvoostNew York Supreme Court · 1809
  3. Produce Bank v. . MortonNew York Court of Appeals · 1876
  4. Shelters v. JohnsonNew York Supreme Court · 1862

3Cited by43 opinions

  1. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  2. Moffett v. . ElmendorfNew York Court of Appeals · 1897
  3. Russell v. HartleySupreme Court of Connecticut · 1910
  4. Leask v. HoaglandNew York Supreme Court · 1909
  5. In re the Estate of GablerNew York Surrogate's Court · 1931

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