Gilman v. Gilman
New York Supreme Court
Appeals from a decree of the surrogate of New York, made on the accounting of the executors of the will of Nathaniel Gilman, deceased. Letters testamentary were issued on the 24th May, 1861, the account was filed in October, 1864, was referred to an auditor, who, on the 80th January, 1867, made his report. The decree of the surrogate affirmed this report, with a few modifications.
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Appeals from a decree of the surrogate of New York, made on the accounting of the executors of the will of Nathaniel Gilman, deceased. Letters testamentary were issued on the 24th May, 1861, the account was filed in October, 1864, was referred to an auditor, who, on the 80th January, 1867, made his report. The decree of the surrogate affirmed this report, with a few modifications. The testator’s will directed the executors to invest a certain sum fc i the benefit of his wife, receiving and paying to her, during life, the ificome, and after her decease, to pay the principal in different shares…
1Opinion of the Court
By the Court
Ingraham, P. J.
On the accounting before the snrrog’ate, various objections were taken by different parties to the report of the auditor, and from the decisions of the surrogate thereon, appeals are taken.
*4I propose, in the examination of the case, to notice the various objections taken and made the subject of appeal, without separating them into different appeals.
1st. The principal ground of appeal in which two or more of the appellants agree, is to the refusal to charge the executors with interest on the moneys received by them, and kept on deposit in banks.
These moneys were…
2Cases cited1 opinion
- King v. TalbotNew York Supreme Court · 1867
3Cited by6 opinions
- In re McKayNew York Surrogate's Court · 1893
- In re O'BrienNew York Surrogate's Court · 1893
- U. S. Trust Co. v. BixbyNew York Surrogate's Court · 1884
- Bohde v. BrunerNew York Surrogate's Court · 1876
- Morgan v. MorganNew York Surrogate's Court · 1886
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