Camp v. Camp
New York Surrogate's Court
This was a proceeding for the final accounting of the estate of Sylvester Camp, deceased. The testator died on the 28th day of June, 1873, in the County of Tioga, having on the 1st day of February, 1872, executed a will in which he appointed his son, .Nathan P. Camp, and his daughters, Mary Merser, eau and Marinda Marean, executors; and directed them to collect together all his personal estate of every name, and nature, and sell the same to the highest bidder-together with…
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This was a proceeding for the final accounting of the estate of Sylvester Camp, deceased. The testator died on the 28th day of June, 1873, in the County of Tioga, having on the 1st day of February, 1872, executed a will in which he appointed his son, .Nathan P. Camp, and his daughters, Mary Merser, eau and Marinda Marean, executors; and directed them to collect together all his personal estate of every name, and nature, and sell the same to the highest bidder-together with all his real estate; and the avails thereof to be equally divided between his ten children : Oliver Camp, Mary Mersereau,…
1Opinion of the Court
The Surrogate.
There is no will in this case dis*143posing of any part of the property differently than it would be disposed of, if the deceased had died totally intestate.
There probably can be no doubt, but that, as a principle, the Statutes of the State of New York, concerning advancements, apply only to the estates of intestates; that the statutes distribute the individual’s property who has not distributed his own, (1 R. S. 754. § 23,) although the Statute reads, “ Every estate or interest given by a parent to a descendent, by virtue of any beneficial power, or of a power in trust with a right…
2Cited by2 opinions
- In re Turfler's EstateNew York Surrogate's Court · 1892
- Clark v. KingsleyNew York Supreme Court · 1885