Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Frost

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1917PublishedCited by 5 opinions

Appeal by William H. Frost, as administrator with the will annexed, from a decree of the Surrogate’s Court of the county of Chemung, entered in the office of said Surrogate’s Court on the 19th day of October, 1916, judicially settling his accounts herein.

1Opinion of the Court

Cochrane, J.:

Jessé Owen died in the year 1900, leaving a will containing the following provision: “After all my lawful debts are paid and discharged, I .give, bequeath, and devise to my wife, Emily B. Owen, all of my real and personal estate, that I may die possessed of, during her lifetime, with the power of disposing of the personalty with a view to her personal use and maintenance; with remainder over in fee to my daughter, Minnie W. Frost, to her and her heirs forever.” The daughter of the testator, Mrs. Frost, the wife of the appellant, was named as sole executrix of the will. She…

2Cases cited3 opinions

  1. Smith v. . Van OstrandNew York Court of Appeals · 1876
  2. In Re the Judicial Settlement of the Accounts of McDougallNew York Court of Appeals · 1894
  3. In re the Judicial Settlement of the Account of Proceedings of UngrichAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by5 opinions

  1. In the Matter of the Estate of RoremSupreme Court of Iowa · 1954
  2. In re the Estate of MerrittNew York Surrogate's Court · 1944
  3. In re the Judicial Settlement of the Accounts of FrostAppellate Division of the Supreme Court of the State of New York · 1918
  4. In re ThomasAppellate Division of the Supreme Court of the State of New York · 1934
  5. Van Skiver v. KuhneAppellate Division of the Supreme Court of the State of New York · 1972

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