In re the Final Judicial Settlement of the Accounts of McMillan
Appellate Division of the Supreme Court of the State of New York
Appeal by Caroline J. Smith and others from that part of a judgment of the County Court of Livingston county, entered in the office of the clerk of the county of Livingston on the 30th day of September, 1907, directing that the committee of Charles E. J. McMillan, an incompetent person, now deceased, is entitled to a decree declaring her account settled ; also directing distribution of the assets in the custody of said committee to the personal representatives of James…
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Appeal by Caroline J. Smith and others from that part of a judgment of the County Court of Livingston county, entered in the office of the clerk of the county of Livingston on the 30th day of September, 1907, directing that the committee of Charles E. J. McMillan, an incompetent person, now deceased, is entitled to a decree declaring her account settled ; also directing distribution of the assets in the custody of said committee to the personal representatives of James McMillan, deceased, and to Luna A. McMillan to the exclusion of the appellants.
1Opinion of the Court
Spring, J.:
Charles E. J. McMillan, an incompetent person, was born April 26, 3855. He owned a one-ninth interest in certain real estate in the city of Hew York, which was sold in pursuance of judgments in the Supreme Court in April, 1865, for the sum of $62,430, and the leaseholds for $7,850. The incompetent inherited his one-ninth interest in said premises from his mother, who had died intestate in 1855.
Charles McMillan, the father of the incompetent, was duly appointed his general guardian, and on the 24th of July, 1866, an order was granted directing the chamberlain of the city of Hew…
2Cases cited9 opinions
- Horton v. . McCoyNew York Court of Appeals · 1871
- In Re the Accounting of DavenportNew York Court of Appeals · 1902
- Shumway v. CooperNew York Supreme Court · 1853
- Forman v. . MarshNew York Court of Appeals · 1854
- Francklyn v. SpragueSupreme Court of the United States · 1887
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3Cited by7 opinions
- Spofford v. RoseTennessee Supreme Court · 1921
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- Williams v. PostAppellate Division of the Supreme Court of the State of New York · 1913
- In re Title Guarantee & Trust Co. for Payment of Award Made for Parcels Nos. 571, 574A & 575AAppellate Division of the Supreme Court of the State of New York · 1934
- Pure Oil Co. v. ClarkCourt of Appeals of Texas · 1931
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