Legal Opinion

In re Biden's Estate

New York Supreme Court

Decided April 12, 1895PublishedCited by 9 opinions

Appeal from surrogate’s court, Monroe county. Judicial settlement of the accounts of Emily C. Proctor, as administratrix of John Biden, deceased. From the decree settling the accounts, Eliza E. Smith and Maud Smith, as executrices of Emma Biden, deceased, appeal.

1Opinion of the CourtBradley, J.

By his will, John Biden, deceased, gave to Emma Biden, during the period she should remain his widow, “the interest, income, and profits of the sum of six thousand dollars, which interest or income shall be payable to her at the time the same accrues on the investment of said six thousand dollars.” The executors of his will invested such sum of $6,000 in Rochester city water bonds, upon which the widow received the interest up to January 1, 1894, at the rate of 7 per cent, per annum. She died February 11, 1894. At that time the bonds were worth a premium of 27 per cent., and were afterwards…

2Cases cited5 opinions

  1. Matter of Final Accounting of GerryNew York Court of Appeals · 1886
  2. In re Vedder's EstateNew York Supreme Court · 1891
  3. Cross v. Long Island Loan & Trust Co.New York Supreme Court · 1894
  4. Duclos v. . BennerNew York Court of Appeals · 1893
  5. Duclos v. BennerNew York Supreme Court · 1891

3Cited by9 opinions

  1. In re the Estate of EgerNew York Surrogate's Court · 1931
  2. In re the Estate of EdgarNew York Surrogate's Court · 1935
  3. Wood v. DavisSupreme Court of Georgia · 1929
  4. Fairchild v. Gray, New York County Courts1930
  5. In re the Estate of BaxterNew York Surrogate's Court · 1936

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