In re the Estate of Kirby
New York Surrogate's Court
Proceedings upon the judicial settlement of the accounts of executors. Catharine Y. S. Van Yleek, mentioned in the opinion, as a claimant, was a sister and legatee of the testatrix, Margaret Kirby, and her claim was mainly for the care and custody of Spencer Kirby, an incompetent, who was also a legatee of the testatrix, as well as a nephew of the claimant. Eran-cis E. Laimbeer made the claim as executor of said claimant. Exceptions to referee’s report.
1Opinion of the Court
Thomas, S.
— The testatrix appointed James V. Kirby and George D. Hilliard executors of her will. Letters testamentary were first issued to James Y. Kirby, and he acted as sole executor until his death. Thereafter George D. Hilliard qualified and acted as executor until his death. Emma E. Kirby was thereupon appointed administratrix with the will annexed. The accounting no]w had is by the executrix of the deceased executor James Y. Kirby, the executor of the deceased executor, George D. Hilliard, and the administratrix with the will *364annexed of the testatrix. Various objections were made to the…
2Cases cited2 opinions
- Tucker v. TuckerNew York Court of Appeals · 1868
- In re the Judicial Settlement of the Accounts of EdmondsAppellate Division of the Supreme Court of the State of New York · 1900