Erwin v. . Loper
New York Court of Appeals
Appeal by the executor from the judgment of the Supreme Court, in the second department, reversing the decree of the surrogate of Kings county npon the accounting and remitting the proceedings to the surrogate for a rehearing. The testator died in 1858, leaving real property in the city of Brooklyn, encumbered by mortgage, and no personal assets.
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Appeal by the executor from the judgment of the Supreme Court, in the second department, reversing the decree of the surrogate of Kings county npon the accounting and remitting the proceedings to the surrogate for a rehearing. The testator died in 1858, leaving real property in the city of Brooklyn, encumbered by mortgage, and no personal assets. By his will he gave all his estate, real and personal, to his wife for life, or during her widowhood, with a devise over, upon her death or marriage, to his children, in equal proportions. The will gave the executors power to sell any of the real…
1Opinion of the CourtAllen, J.
If the executor and executrix acted in good faith, and are within the fair protection of the statute prescribing the duties and regulating the liability of executors and administrators, the judgment of the Supreme Court should be reversed, and the decree of the surrogate affirmed. I agree with the surrogate that there is an entire absence of evidence of bad faith on the part of the appellants, or that the notice to creditors to exhibit their claims was given, or the proceedings for the final settlement of their accounts taken fraudulently or collusively, or from any improper motive. I find no…
2Cases cited3 opinions
- Clark v. ClarkNew York Court of Chancery · 1840
- Kinnier v. . RogersNew York Court of Appeals · 1870
- Johnson v. CorbettNew York Court of Chancery · 1844
3Cited by32 opinions
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
- Matter of BinghamNew York Court of Appeals · 1891
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
- Selover v. . CoeNew York Court of Appeals · 1875
- Matter of GantertNew York Court of Appeals · 1892
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