In re Casey's Estate
New York Supreme Court
Appeal from surrogate’s court, Montgomery county. Petition of Cornelius Swart and Arthur Y. H. Smyth for a final settlement of their accounts as executors of Lydia Casey, deceased. John Ó. Becker, a judgment creditor, appeared and objected to the account. The surrogate disallowed a number of items in the account, and ordered that, out of the balance remaining in the hands of the executors, Becker’s judgment should be paid before the legacies.
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Appeal from surrogate’s court, Montgomery county. Petition of Cornelius Swart and Arthur Y. H. Smyth for a final settlement of their accounts as executors of Lydia Casey, deceased. John Ó. Becker, a judgment creditor, appeared and objected to the account. The surrogate disallowed a number of items in the account, and ordered that, out of the balance remaining in the hands of the executors, Becker’s judgment should be paid before the legacies. The estate was not large enough to pay all the legacies in full. The executors appeal.
1Opinion of the CourtIngalls, J.
We have given to this case careful consideration, and have reached the conclusion that, considering all the facts and circumstances in-*609valved, the decree of the surrogate is just and defensible. The executors, from the commencement of their administration of the estate under the will of Lydia Casey, deceased, seem to have disregarded the duties which the law imposed upon them, as such executors, in the proper and orderly management of the estate, and in the distribution of the fund. In some instances legacies which were mere bounties have been paid in full, in preference to debts against the…
2Cases cited2 opinions
- Nagle v. McGinnissNew York Supreme Court · 1875
- In re DorrNew York Supreme Court · 1889
3Cited by6 opinions
- In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
- In re Van Nostrand's EstateNew York Surrogate's Court · 1893
- In re ArcherNew York Surrogate's Court · 1892
- In re HosfordAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of LesterNew York Surrogate's Court · 1935
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