Lawrence v. . Lindsay
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, affirming a decree of the surrogate of Kings county, on a final accounting of the executors of the estate of Henry Lawrence deceased. (Reported below, 7 Hun, 61.) The questions presented and other facts are sufficiently set forth in the opinion. Proof that the advancements were made aliunde the entries in the testator’s books of accounts was necessary.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, affirming a decree of the surrogate of Kings county, on a final accounting of the executors of the estate of Henry Lawrence deceased. (Reported below, 7 Hun, 61.) The questions presented and other facts are sufficiently set forth in the opinion. Proof that the advancements were made aliunde the entries in the testator’s books of accounts was necessary. (Johnson v. Belden, 20 Conn., 322; Meeker v. Meeker, 16 id., 383; Lamson's Appeal, 23 Penn. St., 86.)
1Opinion of the Court
Church, Ch. J.
The question presented is whether certain sums alleged to have been received by Samuel Lawrence and Frank Lawrence two of the sons, and Eliza Lindsay, a daughter, during the life of the testator Henry Lawrence, should he regarded as advancements, and deducted from their share or portion under the will of their father. The tenth clause of the will reads as follows :
“ Tenth. It is my will, and I hereby direct that any advancements hereafter made by me, to or for account of my said children, or either of them, and evidenced either by entries in my books of account, or by any…
2Cases cited1 opinion
- Langdon v. . Astor's ExecutorsNew York Court of Appeals · 1857
3Cited by14 opinions
- In re the Estate of GorkowWashington Supreme Court · 1899
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- In re Bresler's EstateMichigan Supreme Court · 1909
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1951
- Atwood v. Rhode Island Hospital Trust Co.District Court, D. Rhode Island · 1920
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