In re Valentine's Estate
New York Surrogate's Court
Petition by Harriet A. Burtis, a residuary devisee and legatee under the will of George B. Valentine, to hold the executor liable in damages for certain- alleged fraudulent sales of the testator’s real estate made by him.
Read the full summary
Petition by Harriet A. Burtis, a residuary devisee and legatee under the will of George B. Valentine, to hold the executor liable in damages for certain- alleged fraudulent sales of the testator’s real estate made by him. The will directed the executor to sell all his real estate, invest the proceeds in bond and morb- ■ gage on real estate, pay one-half of the income to his daughter, ■ the petitioner, for her life, and on her death leaving issue pay the principal to her children in equal shares on their attaining -21. Denied.’ .’
1Opinion of the Court
Coffin, S.
In the briefs submitted by the respective counsel there is no discussion of, nor are any authorities cited on, the jurisdictional question. All that appears on the subject is contained in that submitted by the executor’s counsel, in which, it *311is claimed that “the surrogate cannot pass upon.-his transactions as to sale of real estate.” The result of researches made by me touching the power of the surrogate on the subject are, briefly, as follows: By section 3, ch. 252, p. 283, of the Laws of 1822, it is provided that where, by any last will, a sale of real estate is authorized to be…
2Cases cited3 opinions
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Stagg v. . JacksonNew York Court of Appeals · 1848
- In re the Estate of RogersNew York Surrogate's Court · 1891
3Cited by2 opinions
- In re the Accounting of TerryNew York Surrogate's Court · 1956
- In re the Judicial Settlement of the Account of McInerneyNew York Surrogate's Court · 1909