Delmotte v. Taylor
New York Surrogate's Court
On the accounting of Alexander Taylor, and Halsey W. Knapp, executors of the last will and testament of Geo' W. Miller, objections to the account were filed by Mary J. Delmotte, Sneckner, and others, next of kin, on the ground that certain furniture, a gold watch, and horses and carriage, belonging to the estate, were not accounted for.
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On the accounting of Alexander Taylor, and Halsey W. Knapp, executors of the last will and testament of Geo' W. Miller, objections to the account were filed by Mary J. Delmotte, Sneckner, and others, next of kin, on the ground that certain furniture, a gold watch, and horses and carriage, belonging to the estate, were not accounted for. It was claimed, on behalf-of the executors, that the articles specified had been taken possession of by Mrs. Taylor, a daughter of the testator, under a gift to her, by the testator, shortly before his decease.
1Opinion of the Court
The Surrogate. — All the other questions in this case having been disposed of, it remains but to consider whether the *419property, for which the executor insists he is not to account, was disposed of by the testator, as a gift inter vivas, or mortis causa. This property consisted of the furniture of his private apartments, his carriage and horses, his gold watch, and his wearing apparel. The testator was the proprietor of an establishment in Broadway, known as the City Assembly Booms, in connection with which he had in the same building two rooms furnished for his private use. During his illness…
2Cases cited2 opinions
- Huntington v. GilmoreNew York Supreme Court · 1852
- Kenney v. Public AdministratorNew York Surrogate's Court · 1853
3Cited by3 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Waugh v. RichardsonWest Virginia Supreme Court · 1929
- O'Mara v. DentingerAppellate Division of the Supreme Court of the State of New York · 1946