In re the Judicial Settlement of the Account of Burdsall
Appellate Division of the Supreme Court of the State of New York
Appeals by Ellwood Burdsall and another, individually and as executors, etc., of Ellwood Burdsall, deceased, and others, from certain portions of a decree of the Surrogate’s Court of Westchester county, entered in said Surrogate’s Court on the 9th day of April, 1900, judicially settling the account of the said Ellwood Burdsall and Richard H. Burdsall, as executors, etc., of Ellwood Burdsall, deceased.
1Opinion of the Court
Hirschberg, J.:
We consider it necessary to determine only the questions which have been presented on the argument and in the briefs.
Of these, the serious question -is whether the trust share is to be reduced because of charges made by the testator upon his books against the life tenant.
The estate of the testator exceeds $500,000. By his will,, dated June 22, 1889, he bequeaths to his wife his household furniture, etc., and also gives to her absolutely the one-third part of all the remainder of his estate. He directs that the residue of his estate shall be divided into three equal parts. One…
2Cases cited1 opinion
- Freeman v. . FreemanNew York Court of Appeals · 1870
3Cited by1 opinion
- In re the Judicial Settlement of the Accounts of BenningtonNew York Surrogate's Court · 1910