Brown's Accounting
New York Surrogate's Court
In the matter of the accounting of Benjamin Brown, surviving executor, &c., of James H. Blackwell, deceased. It appeared from the testimony in this matter that the testator died in 1858, leaving a will by which he provided, among other things, that his executors or the survivor of them should sell and convey his real estate, and should pay out of his estate his debts and funeral expenses and some small legacies.
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In the matter of the accounting of Benjamin Brown, surviving executor, &c., of James H. Blackwell, deceased. It appeared from the testimony in this matter that the testator died in 1858, leaving a will by which he provided, among other things, that his executors or the survivor of them should sell and convey his real estate, and should pay out of his estate his debts and funeral expenses and some small legacies. He then gave to Benjamin Brown, one of his executors, the equal third-part of all the rest, residue and remainder of his estate, in trust, to be invested upon bond and mortgage upon…
1Opinion of the Court
The Surrogate.
The only questions submitted for consideration are as to whether the executor is liable for the loss of the two thousand dollars of Mrs. Baylies’ share, invested in government bonds and lost; whether he shall be allowed, as a credit, the sum of two thousand five hundred dollars for the professional services of Mr. Barker; whether he shall be allowed the item of two hundred and fifty dollars for money paid for clerical services, and whether this court has jurisdiction so far as relates to the Mrs, Rea trust.
The counsel for the executor insiste that the latter is not liable to…
2Cases cited6 opinions
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
- Hawley v. RossNew York Court of Chancery · 1838
- Milbank v. CraneNew York Supreme Court · 1863
- Glen v. GibsonNew York Supreme Court · 1850
- Penman v. . SlocumNew York Court of Appeals · 1869
1 more not listed; retrieve them via the Exa API.