In re the Estate of Newell
New York Surrogate's Court
Proceedings upon the judicial settlement of the accounts of executors. Objections to the report of the referee.
1Opinion of the Court
Thomas, S.
The learned referee correctly determined that, by the terms of the will of this testator, there was an implied and imperative power of sale respecting the Texas land, and an equitable conversion thereof, and that the intent of the testator was that this conversion should benefit the legatees named by him, and that he did not direct that any of his debts should be paid from the proceeds of the sale of this real estate. It may even be assumed that his wish was that no benefit .should accrue to his creditors. The power of sale was exercised, and a sum of money was received by the…
2Cases cited8 opinions
- Matter of GantertNew York Court of Appeals · 1892
- Meehan v. BrennanAppellate Division of the Supreme Court of the State of New York · 1897
- Fraser v. Trustees of General Assembly of United Presbyterian Church of North AmericaNew York Court of Appeals · 1891
- In Re the Final Judicial Settlement of the Account of McCombNew York Court of Appeals · 1889
- In Re the Accounting of the Executors of BoltonNew York Court of Appeals · 1895
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3Cited by3 opinions
- In re the Final Judicial Settlement of the Accounts of DygertAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Estate of BrunsNew York Surrogate's Court · 1939
- In re the Estate of GreenNew York Surrogate's Court · 1927