Legal Opinion

In re the Judicial Settlement of the Account of Hussey

New York Surrogate's Court

Decided March 15, 1910PublishedCited by 2 opinions

Proceeding upon the judicial settlement of the account of executors.

1Opinion of the Court

Ketcham, S.

The will under which the executors are settling their accounts devised the residue in trust to pay the in-, come thereof to the testator’s wife for life. It then directed "that, upon the death of the wife, certain real estate included in such residue “ be sold and converted into money, either at public auction or at private sale.” The will then proceeded:

“ Fifth. It is my will that from the proceeds of the sale of *457the aforementioned real property ” (describing the land herein-before mentioned) “when the same shall be sold, there shall be paid the mortgage thereon now held and owned…

2Cases cited3 opinions

  1. Wheeler v. . RuthvenNew York Court of Appeals · 1878
  2. Dixon v. StormNew York Surrogate's Court · 1881
  3. In re the Judicial Settlement of the Accounts of SchabackerNew York Surrogate's Court · 1905

3Cited by2 opinions

  1. In re the Estate of LathersNew York Surrogate's Court · 1930
  2. In re the Estate of MichaelisNew York Surrogate's Court · 1920

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