In Re the Judicial Settlement of the Accounts of Chamberlain
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a decree of the surrogate of Cayuga county settling the accounts of Margaret S. Chamberlain, as executrix of her husband, Julius A. Chamberlain, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which affirmed a decree of the surrogate of Cayuga county settling the accounts of Margaret S. Chamberlain, as executrix of her husband, Julius A. Chamberlain, deceased. The testator, by his will, gave his widow a life estate in all his property, real and personal, with remainder at her death, subject to the payment of general legacies, to Julius W. Chamberlain. The executrix presented a claim against the estate and the remainderman notified her that he…
1Opinion of the Court
Andrews, Ch. J.
We think the surrogate erred in charging the executrix with the sum of $173.29, the amount. received by her for hay grown upon the farm in 1889. The testator died in June of that year, and the tenant of the farm, who worked it upon shares, cut the grass thereafter and paid over to the executrix that sum as her share of the proceeds of the hay, under the agreement with the testator. The executrix was devisee for life of the farm. Growing grass partakes of the nature of realty. Neither at common law nor under our statute does it go as assets to the executor or administrator, but…
2Cases cited2 opinions
- Stall v. . WilburNew York Court of Appeals · 1879
- Kain v. . FisherNew York Court of Appeals · 1852
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- Clarke v. Alstores Realty Corp.Court of Appeals of Washington · 1974
- Allen v. Oscar G. Murray Railroad Employes' Benefit FundNew York Supreme Court · 1920
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