Legal Opinion

In re Bearse

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1915Published

Appeal by the petitioner, Aaron Bearse, from a decree of the Surrogate’s Court of the county of Onondaga, entered in the office of said Surrogate’s Court on the 7th day of October, 1914, denying his application to compel the executrix to account herein.

1Opinion of the Court

Merrell, J.:

The petitioner claims to be a person interested in the estate of Izabenda Fulton, late of the county of Onondaga, deceased, and as such has instituted a proceeding to obtain a judicial accounting by the executrix of the will of said decedent. The executrix contends, and the surrogate of Onondaga county, in the order appealed from, has decided, that the petitioner is not a person interested in said estate entitled to require such accounting, and the petition therefor has been dismissed. The controversy involves the construction of the will of said decedent.

Izabenda Fulton died in…

2Cases cited8 opinions

  1. Terry v. . WigginsNew York Court of Appeals · 1872
  2. Avery v. . EverettNew York Court of Appeals · 1888
  3. Leggett v. . FirthNew York Court of Appeals · 1892
  4. Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
  5. In Re the Final Judicial Settlement of the Accounts of Executors of the Last Will & Testament of McClureNew York Court of Appeals · 1892

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