Boulle v. Tompkins
New York Surrogate's Court
This was a hearing of objections upon, the judicial settlement of the account of Edward M. ■ Tompkins, executor, etc., of decedent. The testator, in his lifetime, was engaged in the business of a tinsmith and stove-dealer, in the village of New Rochelle.
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This was a hearing of objections upon, the judicial settlement of the account of Edward M. ■ Tompkins, executor, etc., of decedent. The testator, in his lifetime, was engaged in the business of a tinsmith and stove-dealer, in the village of New Rochelle. He died in 1877, seized of several parcels of real estate, and possessed of considerable personal property, the use of the whole of which he gave, by his will, to his wife, with remainder over to his children and grandchildren. Among other provisions, he devised to his grandson, Myron E. Boyd, to take effect at the death of the widow, the lot…
1Opinion of the Court
The Surrogate.
It is a little remarkable that no case like this can be found in the reports in England or this country, which determines the question here presented. There are numerous cases, however, between creditors and the executors, where the will authorized the carrying on of the trade of the deceased after his death. Such were the cases of Exp. Garland (10 Vesey, 119) ; Exp. Richardson (3 Maddock, 138) ; Thompson v. Andrews (1 M. & K., 116); Cutbush v. Cutbush (1 Beav., 184); Sherman v. Robinson (43 Law Times, 372); Owen v. Delamere (Law Rep. 15 Equity, 134); Fairland v. Percy (3 Law…
2Cited by4 opinions
- In re GorraNew York Surrogate's Court · 1929
- In re the Construction of the Will of RobbinsNew York Surrogate's Court · 1929
- Dannat v. JonesNew York Surrogate's Court · 1884
- In re the Estate of JohnsonNew York Surrogate's Court · 1938