Hill v. Hill
New York Supreme Court
Appeal from a decree of the Orleans county Surrogate’s Court, on the final accounting of the executors of Jacob B. Hill. Jacob B. Hill made and published his will in January, 1850. He died in May, 1867. The proceedings before the surrogate were upon the petition of Mary Hill, the widow of the testator, to compel the executors, &c., to render an account.
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Appeal from a decree of the Orleans county Surrogate’s Court, on the final accounting of the executors of Jacob B. Hill. Jacob B. Hill made and published his will in January, 1850. He died in May, 1867. The proceedings before the surrogate were upon the petition of Mary Hill, the widow of the testator, to compel the executors, &c., to render an account. The inventory of the property of the deceased was filed May 6, 1869; and the account of James E. Hill, one of the executors, was filed June 7,1869 ; and of the other executor, John W. Hill, the same day; and the trial was had after this date,…
1Opinion of the Court
By the Court
Marvin, P. J.
The surrogate declares that the true intent and meaning of the will is, that after paying the debts, '&c., the residue of the personal estate should be and remain in the' possession, custody and control of the widow, Mary Hill, for her own use, maintenance and enjoyment during her natural life, &c.; and the accounting of the executors was made upon this basis.
I think the surrogate has put the proper construction upon the will. The house, farm and the personal property are devised and bequeathed together. They were to be kept and used together for the maintenance and…
2Cases cited2 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Clark v. ClarkNew York Court of Chancery · 1840
3Cited by3 opinions
- Dayton v. . JohnsonNew York Court of Appeals · 1877
- Matter of Settlement of Accounts of YatesNew York Court of Appeals · 1885
- Getman v. McMahonNew York Supreme Court · 1883