Timpson's Estate
New York Surrogate's Court
I." April, 1873. The testator, Thomas Timpson, died in 1856, leav-' ing a will, by which, after giving various legacies, he devised and bequeathed all the rest and residue of his real and personal estate to his children, their heirs and assigns, share and share alike. . By the next clause of his will he authorized his executors and the survivor of them to sell and convey his real estate, so devised.
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I." April, 1873. The testator, Thomas Timpson, died in 1856, leav-' ing a will, by which, after giving various legacies, he devised and bequeathed all the rest and residue of his real and personal estate to his children, their heirs and assigns, share and share alike. . By the next clause of his will he authorized his executors and the survivor of them to sell and convey his real estate, so devised. The surviving executor acted under this power and sold and conveyed the real estate in 1871, fifteen years after the death of the testator. ' Intermediate the death of the testator and the sale,…
1Opinion of the Court
By the Surrogate.
The question presented for consideration is, what, if any, interest have these widows in the proceeds of the sale.
Section 72 (3 Rev. Stat. [5 ed.], 198), provides that “the proceeds of a sale of real estate made in pursuance of an authority given by any last will may be brought into the office of the surrogate before whom such will was proved, for distribution ; and the surrogate shall proceed to distribute the same in like manner and upon like notice as if such proceeds had been paid into his office in pursuance of an order of sale of real estate for the payment of debts.”-
Wh…
2Cases cited9 opinions
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
- Hosack v. RogersNew York Court of Chancery · 1845
- People ex rel. Hawley v. BennettNew York Court of Chancery · 1833
- Seaman v. DuryeaNew York Supreme Court · 1851
- Doran v. DempseyNew York Surrogate's Court · 1851
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