Legal Opinion

In re the Judicial Settlement of the Account of Brown

New York Surrogate's Court

Decided August 15, 1883PublishedCited by 1 opinion

Deborah Orser died in 1879, leaving a last will and testament dated September 10, 1877. The will was prepared by Isaac F. Brown, a nephew, and the testatrix, after bequeath-. ing various legacies, gave and bequeathed to said Isaac F. Brown and to Margaret Miller the residue of her estate, real and personal, to be equally divided between them.

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Deborah Orser died in 1879, leaving a last will and testament dated September 10, 1877. The will was prepared by Isaac F. Brown, a nephew, and the testatrix, after bequeath-. ing various legacies, gave and bequeathed to said Isaac F. Brown and to Margaret Miller the residue of her estate, real and personal, to be equally divided between them. Said Brown was appointed one of the executors of the will, and was also one of the two subscribing witnesses to the execution of the same. At the time of said execution, and ever since, he lias resided in the town of Ossinning, in this county, and so…

1Opinion of the Court

Coffin, S.

— As the next of kin claim that the provision of the will in favor of the executor is void by statute, and that they, as such, are entitled to their several distributive shares of the amount of the bequest attempted to be made to him, and as this claim is disputed by the executor, it becomes necessary to determine whether this court has, under the provisions of the Cbde of Civil Procedure, any jurisdiction in the premises. I do not perceive anything in the third sentence of section 2743 preventing me from passing upon the question. It strikes me that the words “distributive share”…

2Cases cited10 opinions

  1. Riggs v. . CraggNew York Court of Appeals · 1882
  2. McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
  3. Tucker v. TuckerNew York Court of Appeals · 1868
  4. Fort v. BurchNew York Supreme Court · 1849
  5. In re BrownNew York Supreme Court · 1839

5 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Board of Missions v. ScovellNew York Surrogate's Court · 1884

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