Matter of Settlement of Accounts of Yates
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made May 4, 1884, which affirmed a decree of the surrogate of the county of Cortland, upon settlement of the accounts of Martin H. Yates as executor of the will of Benjamin Yates, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the third judicial department, entered upon an order made May 4, 1884, which affirmed a decree of the surrogate of the county of Cortland, upon settlement of the accounts of Martin H. Yates as executor of the will of Benjamin Yates, deceased. The facts, so far as material, are stated in the opinion. The order appointing the referee was made under section 2546 of the Code, and under it the referee had the same power as a referee appointed by the Supreme Court for the trial of an issue of fact in an action by the Supreme Court.…
1Opinion of the CourtDanforth, J.
Benjamin Yates, by his will, dated July 27, 1870, appointed his son, Martin H. Yates, executor, and first, after his debts were paid, gave and bequeathed unto his wife, Mariah Yates, all of his “ estate, both real and personal,” adding, “she to have and to hold the same, and to receive and enjoy, as her own property, the rents, issues and profits therefrom ” during life, “ in lieu of dower; ” sec- and, “ at ” her “ death ” he gave one farm of fifty acres to his son, Martin H.; third, another to his son, Marovah Yates, and certain grandchildren; and fourth, all the rest, residue and remainder…
2Cases cited3 opinions
- Flora v. . CarbeanNew York Court of Appeals · 1868
- Gillespie v. MillerNew York Court of Chancery · 1820
- Hill v. HillNew York Supreme Court · 1870
3Cited by7 opinions
- Sherman v. SweenyWashington Supreme Court · 1902
- Dorsey v. StateCourt of Criminal Appeals of Texas · 1898
- In re the Judicial Settlement of the Estate of RobinsonNew York Surrogate's Court · 1927
- In re the Accounting of SnowNew York Surrogate's Court · 1948
- City of Cleveland Ohio v. BryanCleveland Police Court · 1901
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