Legal Opinion

Matter of Accounting of Benson

New York Court of Appeals

Decided October 7, 1884PublishedCited by 85 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 10, 1883, which affirmed, so far as appealed from, a decree of the surrogate of the county of Kings upon the final accounting of the executors of the will of John Bullard, deceased.

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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 September 10, 1883, which affirmed, so far as appealed from, a decree of the surrogate of the county of Kings upon the final accounting of the executors of the will of John Bullard, deceased. The" facts pertinent to the questions discussed are, stated in the opinion, The surrogate erred in holding that the widow, by accepting the provisions of the will for her benefit, is excluded from sharing in the lapsed legacies, as widow or as one of the residuary legatees. (2…

1Opinion of the CourtEarl, J.

John Bullard died in January, 1881, leaving a will dated February 4, 1876, and leaving a widow and next of kin, but no children. He devised to his wife, Jane E. Bullard, a valuable house in Brooklyn, and bequeathed to her household furniture, paintings, books, horses and carriages and $150,000 in money, which sum he directed his executors to pay within three years after his death at such times and in such amounts as they in their discretion should think proper, and until full payment to pay her semi-annual interest upon the sum unpaid to her, computed from the time of his death. He also…

2Cases cited8 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Williamson v. WilliamsonNew York Court of Chancery · 1837
  3. Kerr v. . DoughertyNew York Court of Appeals · 1880
  4. Cooke v. . MeekerNew York Court of Appeals · 1867
  5. Sargent v. SargentMassachusetts Supreme Judicial Court · 1869

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3Cited by85 opinions

  1. Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
  2. In Re the Accounting of SilsbyNew York Court of Appeals · 1920
  3. Riker v. . CornwellNew York Court of Appeals · 1889
  4. Demorest v. City Bank Farmers Trust Co.Supreme Court of the United States · 1944
  5. In Re the Will of HillsNew York Court of Appeals · 1934

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