In re the Estate of Byrnes
New York Surrogate's Court
Application by Matthew Byrnes, a legatee under the will of Matthew Byrnes, deceased, to compel a payment to him, on account of the income payable to me under the will of decedent.
1Opinion of the Court
The Surrogate.
This is an application by one of the beneficiaries under the will of the decedent for a *523payment on account of income. Letters were issued April 1, 1890. The petitioner is entitled, under the fifth clause, of the will, to one sixth of the income of the residue, payable in January and July of each year. He alleges that the executors have $12,000 of accrued income, and refuse to pay. The respondents filed no answer, but it was claimed by them on the argument that, inasmuch as a year had not elapsed, the petitioner must bring himself within section 2719 of the Code, which provides…
2Cases cited1 opinion
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
3Cited by1 opinion
- In re the Judicial Settlement of the Accounts of McQuadeAppellate Division of the Supreme Court of the State of New York · 1913