In re Austin's Will
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Kings county. Judicial settlement of the accounts of W. H. Slocum and another, as surviving executors and trustees of Robert F. Austin. From the decree, the executors and others appeal.
1Opinion of the CourtHirschberg, J.
The main contention is with respect to payments made by the executors and trustees of alleged income, amounting to the sum of $21,763.07. That amount appears to have been paid to the life beneficiaries in the belief on the part of the executors that *1037the life tenants were entitled to the income of the estate earned during the first year. The decree of the surrogate is based on the report of a referee, who, after a very thorough and painstaking examination of the authorities, reached the conclusion that these beneficiaries were only entitled to receive the income of the estate commencing and…
2Cases cited14 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Matter of StanfieldNew York Court of Appeals · 1892
- Cooke v. . MeekerNew York Court of Appeals · 1867
- In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1869
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3Cited by4 opinions
- Gragg v. Cayuga Independent School DistrictTexas Supreme Court · 1976
- In re McCollumAppellate Division of the Supreme Court of the State of New York · 1903
- Gragg v. Cayuga Independent School DistrictTexas Supreme Court · 1976
- In re Kings County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1910