Legal Opinion

Edwards v. Edwards

New York Surrogate's Court

Decided November 15, 1882Published

Petition by Frederick S. Edwards, a son of decedent, and. executor of Harriet Edwards, deceased, for an order requiring J. P. Edwards, decedent’s sole acting executor, to render and file an account, and for other relief. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

The decedent died in 1868, leaving a will; whereby his whole estate, with trifling exceptions, was given to his wife Harriet. His three sons were named as executors, but one of them, the • petitioner in this proceeding, never qualified as such. In September, 1876, one Thomas Love, claiming to be a creditor of the estate, filed a petition, asking that the executors be compelled to account. The sole acting executor proceeded, thereupon, to file his own petition for a voluntary accounting, which soon afterwards took place before the Surrogate, and resulted in a judicial settlement…

2Cases cited2 opinions

  1. Stiles v. BurchNew York Court of Chancery · 1835
  2. Brown v. BrownNew York Supreme Court · 1869

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