Legal Opinion

In re the Estate of Davis

New York Surrogate's Court

Decided February 21, 1946PublishedCited by 3 opinions

1Opinion of the Court

Delehanty, S.

In this accounting proceeding the personal claim of the accounting fiduciary is allowed in the amount scheduled in the account. The apportionment of estate taxes set forth in schedule J <5f the account is approved. As a result the account is now ready for settlement unless the distributees of deceased are entitled to a hearing respecting the account.

These distributees assert that perforce the operation of paragraph eighth of deceased’s will deceased died intestate as to a portion of his property. Claiming the status of interested parties because of this claimed right of…

2Cases cited11 opinions

  1. In Re the Will of FowlesNew York Court of Appeals · 1918
  2. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. Newell v. . NicholsNew York Court of Appeals · 1878
  4. McGowin v. . MenkenNew York Court of Appeals · 1918
  5. Dunn v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910

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3Cited by3 opinions

  1. In re the Construction of the Will of MalloukNew York Surrogate's Court · 1949
  2. In re the Estate of DavisAppellate Division of the Supreme Court of the State of New York · 1947
  3. Silver v. SchroederDistrict Court of Appeal of Florida · 1985

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