In re Cook
New York Supreme Court
Appeal from surrogate’s court, Ontario county. Proceedings for the judicial settlement of the accounts of Frank D. Cook, administrator with the will annexed of James Loomis, deceased. A final decree was made, and a legacy paid in accord.ance therewith. Afterwards Charles W. Fuller, claiming to be the assignee of the legatee, filed a petition to open and amend the decree, and from an order denying the petition he appeals.
1Opinion of the CourtDwight, P. J.
The testator, James Loomis, late of Ontario county, died many years ago, leaving a will, by which he appointed his widow, Nancy Loomis, and one Charles Shepard, his executors, and gave a legacy of $900 to the respondent Adin Rockwell, payable only after the death of the widow. That event occurred in 1891. Charles Shepard, who seems to have been the sole acting executor, died in 1867, and was succeeded, first, by Charles E. Shepard, who died in 1886, and afterwards by the respondent Cook, as administrator with the will annexed of the estate of James Loomis. In April, 1892, Cook made his…
2Cases cited1 opinion
- Martine's EstateNew York Surrogate's Court · 1882
3Cited by2 opinions
- In re Redfield's EstateNew York Supreme Court · 1893
- Marshall v. BeachNew York Supreme Court · 1893