Crawford v. Crawford
New York Surrogate's Court
Eliza Barker died in December, 1876, leaving a last will and testament, of which Joseph S. Barker, her husband, became the duly qualified and acting executor. He died in September, 1885, leaving a will, of which Morris D’ C. Crawford, David Reed and William A. Miller were the executors.
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Eliza Barker died in December, 1876, leaving a last will and testament, of which Joseph S. Barker, her husband, became the duly qualified and acting executor. He died in September, 1885, leaving a will, of which Morris D’ C. Crawford, David Reed and William A. Miller were the executors. On January 11th, 1887, Hanford Crawford, a residuary legatee named in the will of Eliza Barker, deceased, presented a petition praying that the executors of the will of the deceased executor be required to account for all his proceedings as such executor, and for the trust property belonging to the estate of…
1Opinion of the Court
The Surrogate.
Since the decision of the cases of Popham v. Spencer (4 Red/., 401) and Spencer v. Popham (5 id., 428), section 2606 of the Code, which wras the subject of construction in those cases, has been amended. While admitting the correctness of the conclusion there reached, the counsel for the present executors contend that, under such amendment, it is no longer tenable; that the proceeding, now sought to be taken by them, is warranted by that section as it now stands. If the view expressed before that amendment was sound, the alteration to its present phraseology does not seem to…
2Cited by2 opinions
- In re Hodgman's EstateNew York Supreme Court · 1890
- In re Trask's EstateNew York Surrogate's Court · 1897