In Re the Accounting of Frankenheimer
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March % 1909, which modified and affirmed as modified a decree of the New York County Surrogate’s Court settling the accounts of the executors herein — also motion to dismiss a portion of said cross-appeals. The facts, so far as material, are stated in the opinion.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March % 1909, which modified and affirmed as modified a decree of the New York County Surrogate’s Court settling the accounts of the executors herein — also motion to dismiss a portion of said cross-appeals. The facts, so far as material, are stated in the opinion. The Appellate Division had no jurisdiction to modify or reverse a part of the decree from which no appeal had been taken. (Freeman v. Coit, 96 N. Y. 63; Ross v. Ross, 6 Hun, 80; Matter of Witmark, 15 N. Y. S. R. 745;…
1Opinion of the CourtHaight, J.
The decedent left a last will and testament, which was duly admitted to probate, by which he made a number of charitable and individual bequests of legacies, amounting in the aggregate to $127,000, and then provided that all the rest, residue and remainder of his estate, including the lapsed legacies and legacies that shall, for any reason, have failed to take effect, be given to his executors in trust to invest, etc., for the benefit of life tenants, specifically named, and upon their decease bequeathed the principal to remaindermen, also specifically designated. By the tenth clause of his…
2Cited by8 opinions
- Hoffmeister v. AmbergWisconsin Supreme Court · 1916
- In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
- In re the Estate of BielbyNew York Surrogate's Court · 1915
- In re the Estate of MitchellNew York Surrogate's Court · 1934
- In re the Estate of OakleyNew York Surrogate's Court · 1940
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