Coe v. Associated Presbyterian Society
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Chenango county. Judicial settlement of the accounts of George B. Coe, executor of 'Sarah A. Coe, deceased. From a decree thereon directing the executor to pay the Associated Presbyterian Society in Oxford, as a legatee under the will, he appeals.
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Appeal from surrogate’s court, Chenango county. Judicial settlement of the accounts of George B. Coe, executor of 'Sarah A. Coe, deceased. From a decree thereon directing the executor to pay the Associated Presbyterian Society in Oxford, as a legatee under the will, he appeals. The will of Sarah A. Coe, dated June 10, 1886, was on the 11th day of September, 1893, admitted to probate in the surrogate’s court of Chenango county; .and letters testamentary were issued to George B. Coe, named in the will as .executor. The will contains a bequest of $2,000 to the “First Congregational .Church of…
1Opinion of the CourtEdwards, J.
Section 2568 of the Code of Civil Procedure limits the right of appeal from a decree of a surrogate’s court to a “party aggrieved,” and I think that the appellant is not within that designation. The question raised by him before the surrogate and on this appeal is in respect to the validity of the bequest to the First Congregational Church of Oxford, N. Y. In that question the residuary legatees alone are interested, as they are the persons who are entitled to the moneys if the bequest is void. It is not pretended that the estate is not ample for the payment of the bequest, and, on the…
2Cases cited4 opinions
- Bryant v. . ThompsonNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893
- In re Hodgman's EstateNew York Supreme Court · 1893
- In re Mayer's EstateNew York Supreme Court · 1895
3Cited by1 opinion
- Hourt v. WeigartAppellate Division of the Supreme Court of the State of New York · 1912