In Re the Final Accounting of Gardner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 25, 1893, which reversed decrees of the surrogate of the county of Oswego, one of which adjudged that certain property did not belong to the estate of the petitioner’s testatrix, Mary D. Tyler, and discharged him as executor, and the other directed him to file a supplemental account.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 25, 1893, which reversed decrees of the surrogate of the county of Oswego, one of which adjudged that certain property did not belong to the estate of the petitioner’s testatrix, Mary D. Tyler, and discharged him as executor, and the other directed him to file a supplemental account. This proceeding was instituted by the petitioner in the Surrogate’s Court of the county of Otsego to procure a final settlement of his accounts as executor of the last will and…
1Opinion of the CourtMaynard, J.
By the residuary clause of his will the testator gave the residue of his estate to his wife to have and to hold the same and every part and parcel thereof to her and her assigns forever; provided, however, that if any part of it should remain unexpended or undisposed of at her death, what should so remain he gave to his son and his heirs and assigns, adding this clause, “ and I expect and desire that my said wife will not dispose of any of said estate by will in such a way that the whole that might remain at her death shall go out of my own family-and blood relation.” The testator had but one…
2Cases cited2 opinions
- Goebel v. . WolfNew York Court of Appeals · 1889
- Clarke v. . LeuppNew York Court of Appeals · 1882
3Cited by47 opinions
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Collister v. . FassittNew York Court of Appeals · 1900
- Clay v. . WoodNew York Court of Appeals · 1897
- Post v. . MooreNew York Court of Appeals · 1905
- In re the Estate of SoyNew York Surrogate's Court · 1932
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