In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Susie H. Arkenburgh, as executrix, from an order and decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 5th day of July, 1917, settling the accounts of the executor herein, and also from that part of the decree which adjudges that $2,000 be deducted from a legacy given to Oliver M. Arkenburgh by the will of Eliza J. Arkenburgh, which legacy was of the sum of $20,000.
1Opinion of the Court
Smith, J.:
Eliza J. Arkenburgh died leaving a son, Oliver M. Arkenburgh, and three other children. Prior to the accounting Oliver M. Arkenburgh died, and this appellant is his executrix. Eliza J. Arkenburgh died on the 1st day of February, 1916. She left a will bearing date the 2d of June, 1914, and a codicil thereafter executed, which is not material. By that will certain legacies are given, and the 8th clause of the will provides: “ In distributing and paying over the bequests hereinafter made, it is my will, and I direct that my Executor and Trustee hereinafter named, withhold and deduct…
2Cases cited1 opinion
- Bowron v. . KentNew York Court of Appeals · 1908
3Cited by1 opinion
- In re the Accounting of City National Bank of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1954