Legal Opinion

In re the Estate of Fritts

New York Surrogate's Court

Decided February 15, 1897PublishedCited by 3 opinions

Proceedings begun by tbe general guardian of Myrtle Fritts against the surviving executor and trustee of the last will and testament of Hiram Fritts, deceased, to compel the payment by said executor and trustee to said guardian of certain rents, income and profits and accumulations on the same, produced by some part of the estate devised and bequeathed by said decedent,

1Opinion of the Court

Arnold, S.

Hiram Fritts died on the 27th day of May, 1887, leaving a. last will and testament which was duly admitted to probate by the Surrogate’s Court of Otsego county on *199.the 9th day of June, 1887. The only portion of said will .which comes np for consideration at this time is the fifth paragraph, which reads as follows, namely:

“ Fifth,. I give, devise and bequeath all my other property, both real and personal, to my executors in trust, with power to sell and convey the same or to do what in their judgment will be for the best interest of my said estate and out and from the proceeds of…

2Cases cited3 opinions

Cochrane v. . SchellNew York Court of Appeals · 1894
Gilman v. . ReddingtonNew York Court of Appeals · 1861
Bunyan v. PearsonAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

In re the Construction of the Will of SmithNew York Surrogate's Court · 1956
In re Estate of PetersenSupreme Court of Iowa · 1919
In re the Estate of GravesNew York Surrogate's Court · 1931