In re Garlock
Appellate Division of the Supreme Court of the State of New York
Appeal by Peter G-arlock, one of the executors of the last will and testament of Thomas Yandevort, deceased, and others, from a decree of the Surrogate’s Court of the county of Ontario, entered in the office of said Surrogate’s Court on the 30th day óf July, 1894, upon the decision of the court judicially settling his accounts as executor of the last will and testament of Thomas Yandevort, deceased.
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Appeal by Peter G-arlock, one of the executors of the last will and testament of Thomas Yandevort, deceased, and others, from a decree of the Surrogate’s Court of the county of Ontario, entered in the office of said Surrogate’s Court on the 30th day óf July, 1894, upon the decision of the court judicially settling his accounts as executor of the last will and testament of Thomas Yandevort, deceased. Also an appeal by T. Spencer Yandevort, individually and as executor of the will of Cornelius Yandevort, deceased, and as administrator of the estate of Thomas W. Yandevort, deceased, as…
1Opinion of the Court
Hardin, P. J.:
Peter Garlock, the executor, complains of the surcharge of 81,020, made by reason of his improper conduct in the sale of the farm of 204 acres, in virtue of the power conferred in the will. Hpon a careful perusal of the evidence which was taken in the Surrogate’s Court we are of the opinion that it sustains the conclusion that the sale was collusive and that it also fully sustains the conclusion upon it reached by the surrogate; and we are of the opinion that, as matter of law, upon the facts found by him, the executor was properly surcharged by the surrogate with five dollars…
2Cases cited14 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Bevan v. . CooperNew York Court of Appeals · 1878
- Purdy v. . HaytNew York Court of Appeals · 1883
- Morris v. . SicklyNew York Court of Appeals · 1892
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3Cited by1 opinion
- In re the Estate of LilienthalNew York Surrogate's Court · 1930