Legal Opinion

Lyons v. Mahan

New York Surrogate's Court

Decided March 15, 1883Published

Contest over the construction of decedent’s will, upon executor’s accounting. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

By the will of the testatrix, two parcels of real estate, situated at Nos. 611 and 613 Elev*182enth avenue, in this city, are devised in trust to her executor.

1. Such executor is directed to collect and receive the income and profits thereof, or, in his discretion, to sell and convey the same in whole or in part, to invest the proceeds, and to collect and receive the income and profits of such proceeds, and, out of the moneys thus obtained, to pay a certain sum for the support and maintenance of the mother of the testatrix during her life.

2. The executor is further directed to pay…

2Cases cited10 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Moore v. LyonsNew York Supreme Court · 1840
  3. Robert v. . CorningNew York Court of Appeals · 1882
  4. Scott v. . GuernseyNew York Court of Appeals · 1871
  5. Livingston v. . GreeneNew York Court of Appeals · 1873

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