Clark v. Clark
New York Court of Chancery
This was an appeal from the sentence or decree of the surrogate of the county of Orange, upon the settlement of the account of the appellant as the surviving executor of his deceased brother, James Clark, who died in 1813. The decedent by his will appointed his wife and his brother the executrix and executor thereof, and authorized them to sell his real and personal property, with the exception of some few articles specifically bequeathed to his wife.
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This was an appeal from the sentence or decree of the surrogate of the county of Orange, upon the settlement of the account of the appellant as the surviving executor of his deceased brother, James Clark, who died in 1813. The decedent by his will appointed his wife and his brother the executrix and executor thereof, and authorized them to sell his real and personal property, with the exception of some few articles specifically bequeathed to his wife. And after paying his debts, he directed that 'the residue of his property should be divided into six shares; of which he gave one share to each…
1Opinion of the Court
The Chancellor.
The objection that the surrogate had no jurisdiction to call the executor to account for the proceeds of the real estate, was not well taken. The act of the 17th of April, 1822, expressly authorized the surrogate in whose office the will was proved, to call the executors to account for the proceeds of the real estate which had been sold by them for the payment of debts or legacies by virtue of a power contained in such will. (Laws of 1822, p. 283.) And the same provision, in substance, was incorporated into the revised statutes. (2 R. S. 110, § 57.) The language of the…
2Cited by44 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Gaede v. CarrollSupreme Court of New Jersey · 1933
- Wood v. . BrownNew York Court of Appeals · 1866
- Lockman v. . ReillyNew York Court of Appeals · 1884
- Croft v. . WilliamsNew York Court of Appeals · 1882
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