In re the Judicial Settlement of the Account of Proceedings of Malcomson
Appellate Division of the Supreme Court of the State of New York
Appeal by Catherine A. Malcomson and another, as executors, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 18th day of March, 1919, appointing a referee “ to take evidence and report with his opinion as to the validity of the assignment of the legacy in question in this accounting.”
1Opinion of the Court
Dowling, J.:
The proceeding is one for the judicial settlement of the account of the executors of Alfred S. Malcomson, deceased. A. Bell Malcomson is a brother of decedent and one of the *601residuary legatees and devisees under his will; he was also a legatee thereunder in the sum of $25,000. He executed an instrument under seal whereby for a stated consideration of $19,000 he sold, assigned, transferred and set over unto Catherine A. Malcomson and Henry T. Malcomson, his sister and brother respectively, all his right, title and interest under said will. He also gave to the executors transfers…
2Cases cited2 opinions
- In re the Estate of MondshainAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Judicial Settlement of the Account of ThornburghNew York Surrogate's Court · 1911
3Cited by22 opinions
- In re the Estate of HaighNew York Surrogate's Court · 1925
- In re the Estate of YardNew York Surrogate's Court · 1921
- In re the Estate of TyrrellNew York Surrogate's Court · 1921
- In re the Estate of BurrNew York Surrogate's Court · 1932
- In re the Estate of PothNew York Surrogate's Court · 1935
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