In Re the Judicial Settlement of the Accounts of Robert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 21,1886, which affirmed a decree of the surrogate of the county of blew York on final settlement of the accounts of Christopher R. Robert, as executor of the will of Christopher R. Robert, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 21,1886, which affirmed a decree of the surrogate of the county of blew York on final settlement of the accounts of Christopher R. Robert, as executor of the will of Christopher R. Robert, deceased. The surrogate charged to and deducted from the share of the testator’s son, Frederick Robert, under the residuary-clause of the will, $20,000, and of his daughter Jane R. Corning $60,000. The said legatees excepted to these charges, and the question on appeal was…
1Opinion of the CourtFinch, J.
The problem to be solved on this appeal is the meaning and intent of a single provision in the will of the testator. By itself it presents no difficulty and is not at all ambiguous, but read, as it must be, in connection with the entries standing upon the books of the testator at the date of his death, it invites a scrutiny which has led to different and contradictory constructions. The provision reads thus : “All moneys or indebtedness which shall appear upon any inven tory or ledger or books of account kept by me or under my direction, charged as due to me from any or either of my said…
2Cases cited1 opinion
- Robert v. . CorningNew York Court of Appeals · 1882
3Cited by3 opinions
- Bowron v. . KentNew York Court of Appeals · 1908
- In re the Judicial Settlement of the Account of Proceedings of TwomblyNew York Surrogate's Court · 1898
- In re the Accounting of DownsNew York Surrogate's Court · 1903