Legal Opinion
In re Alden's Will
New York Surrogate's Court
Decided January 15, 1912Published
Judicial settlement of the account of the executor of Eliza Alden, deceased. Proceeding to establish a claim of Eannie Hood against the decedent’s estate for care and board of John S. Alden. The claim was presented to the executor of Eliza Alden, and by him disputed, and a stipulation was made for the hearing and determination of the claim on judicial settlement of the account of the executor. Proceeding dismissed.
1Opinion of the Court
TALLMADGE, S.
Eliza Alden died March 1, 1899, leaving a last will and testament, which, among other things, provides as follows:
“I give, devise and bequeath to my husband, John S. Alden, the use, interest' and income of all the property of which I may die seized whether real or personal. And, in case the said use, interest and income be not sufficient for the proper maintenance and support of my said husband, John S. Alden, then X do hereby authorize and require the executor of this my last Will and Testament to use from the principal sum whatever amount may be necessary for his said proper…
2Cases cited8 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Riggs v. . CraggNew York Court of Appeals · 1882
- Genet v. WillockAppellate Division of the Supreme Court of the State of New York · 1904
- Claim of Clark v. Estate of HylandAppellate Division of the Supreme Court of the State of New York · 1903
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