In re Gillespie
New York Surrogate's Court
Petition of William I. Clark, for the judicial settlement of liis accounts as executor of the last will and testament of George B. H. Gillespie, deceased.
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Petition of William I. Clark, for the judicial settlement of liis accounts as executor of the last will and testament of George B. H. Gillespie, deceased. The said testator’s will, after providing for the payments of all just debts, funeral expenses, and a few specific legacies, continued as follows : “ Fourth—All the rest, residue and remainder of my estate, real and personal, and of every kind and description whatsoever, as well what I now own as what I may own at the time of my death, I give, devise and bequeath to my beloved wife, Mary Ann Gillespie, to have and to hold for and during the…
1Opinion of the Court
Rollins, Surr.
First—The taxes and expenses of
■administration up to and including this accounting are chargeable to the corpus of the estate.
Second—If the testator’s widow wishes to have possession of the residuary estate, it should be turned over to *45her upon her giving security to protect the remaindermen (Tyson v. Blake, 22 N. Y., 558 ; Matter of Fernbacher, 17 Abb. N. C., 339; Livingston v. Murray, 68 N. Y., 485) otherwise possession should be retained by the executor. In the latter event he will hold it in accordance with the doctrine of Spear v. Tinkham, 2 Barb. Ch., 211; Clark v. Clark,…
2Cases cited6 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Clark v. ClarkNew York Court of Chancery · 1840
- Livingston v. . MurrayNew York Court of Appeals · 1877
- Spear v. TinkhamNew York Court of Chancery · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings of RichardsonNew York Surrogate's Court · 1929
- In re the Estate of LoweryNew York Surrogate's Court · 1896
- Scott v. ScottNew York Supreme Court · 1893