In Re the Judicial Settlement of the Account of Crossman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a final decree of the Surrogate’s Court of Kings comity. Henry Crossman died January T, 1881, leaving a last will and testament, the third and seventh clauses of which are as follows: “ Thvrd.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a final decree of the Surrogate’s Court of Kings comity. Henry Crossman died January T, 1881, leaving a last will and testament, the third and seventh clauses of which are as follows: “ Thvrd. I desire to make ample provision for the support and maintenance of my said wife, and, in addition to what I have above given, I order and direct that my executors, before paying the legacies hereinafter mentioned, do set apart of my estate the sum of…
1Opinion of the CourtEarl, J.
It was held by the surrogate, and upon appeal by the Supreme Court, that Henry C. Crossman took a vested remainder in the $100,000 which the executors were directed to set apart and hold for the benefit of the widow during her life, and that he took it by virtue of the language contained in the third clause of the will; that, therefore, the testator did not die intestate as to any portion of his estate, and that Ms next of kin were not entitled to any hearing upon the accounting. Without determining whether or not the courts below were right in their construction of the third clause of the…
2Cases cited3 opinions
- Matter of Accounting of BensonNew York Court of Appeals · 1884
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- King v. StrongNew York Court of Chancery · 1841
3Cited by10 opinions
- In re the Estate of ShupackNew York Surrogate's Court · 1936
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- Russell v. HiltonNew York Supreme Court · 1902
- In re the Estate of VolckeningNew York Surrogate's Court · 1972
- Hulin v. SquiresNew York Supreme Court · 1892
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