House v. Agate
New York Surrogate's Court
The testator died in 1855, leaving a will, by which he bequeathed to his daughter, Mary Bridger, $4,500, and all the rest and residue of his estate, real and personal, he devised and" bequeathed to his five other children, viz: William, Washington, Joseph, Ann E., and Caroline, share and share alike. By a codicil he gave and devised to his daughter, Ann E. Agate, the share he had, in his will, given and devised to his son William, except ten dollars.
Read the full summary
The testator died in 1855, leaving a will, by which he bequeathed to his daughter, Mary Bridger, $4,500, and all the rest and residue of his estate, real and personal, he devised and" bequeathed to his five other children, viz: William, Washington, Joseph, Ann E., and Caroline, share and share alike. By a codicil he gave and devised to his daughter, Ann E. Agate, the share he had, in his will, given and devised to his son William, except ten dollars. Neither the will nor codicil contained any power of sale of the real estate. The inventory, filed in October, 1855, showed assets to the amount…
1Opinion of the Court
The Surrogate
Attached to the account of proceedings, filed by the executors, is a receipt of Caroline E. House, the petitionary legatee in this matter, for $7,143.93, bearing date April 23, 1857, “ in full for her share of the division of the estate of John *309Agate, made up to this date, expenses deducted; ” also two receipts from Ann E. Agate, dated respectively in January and April, 1857, aggregating a like amount, and likewise a receipt from the latter for a house and lot subject to a mortgage of $3,000, “in accordance with the will, in lieu of one share of the estate of John Agate, as…
2Cases cited4 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- Thomson v. ThomsonNew York Surrogate's Court · 1849
- Clark v. FordNew York Court of Appeals · 1867
- Robison v. RobisonNew York Supreme Court · 1871
3Cited by9 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- In re DeitzNew York Surrogate's Court · 1929
- In re the judicial settlement of the account of DunhamNew York Surrogate's Court · 1889
- In re the Estate of BarnesNew York Surrogate's Court · 1898
- In re the Estate of PostNew York Surrogate's Court · 1890
4 more not listed; retrieve them via the Exa API.