Legal Opinion

In Re the Judicial Settlement of the Account of Willets

New York Court of Appeals

Decided January 22, 1889PublishedCited by 38 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 12, 1886, which affirmed a decree of the surrogate of the county of New York upon settlement of the. accounts of respondents as trustees under the will of Samuel Willets, deceased.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 12, 1886, which affirmed a decree of the surrogate of the county of New York upon settlement of the. accounts of respondents as trustees under the will of Samuel Willets, deceased. Sometime before February 28,1883, Samuel Willets, of the city of New York, died leaving a last will and testament, with two codicils thereto, which, on that day, were admitted to probate by the surrogate of the city of New York. The testator by his will devised and disposed of property…

1Opinion of the CourtEarl, J.

The questions involved in this appeal were so thoroughly examined in the opinions pronounced by the surrogate and at the General Term that a lengthy statement of our views is not needful, and we will content ourselves with a brief consideration of the objections now made to the rulings and decree of the surrogate.

(1.) It is claimed on the part of the appellants that by the second codicil the bequest of the residue of the annuity fund to Mrs. Leavitt was revoked. The respondents claim- that the revocation had reference to the provision made for her in the final residuary clause, and we think…

2Cases cited2 opinions

  1. In re RooseveltNew York Surrogate's Court · 1882
  2. Rowland v. MorganNew York Surrogate's Court · 1885

3Cited by38 opinions

  1. Matter of KohlerNew York Court of Appeals · 1921
  2. In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
  3. In Re the Accounting of BusheNew York Court of Appeals · 1919
  4. Ely v. . MegieNew York Court of Appeals · 1916
  5. Griffen v. . KeeseNew York Court of Appeals · 1907

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