Legal Opinion

In re the Judicial Settlement of the Accounts of Reed

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

Decided November 15, 1899PublishedCited by 7 opinions

Appeal by Nathan' 0; Reed, as trustee under the will of Mary E. Harmon, deceased, from a decree of the Surrogate’s .Court of Cayuga county, bearing date the 21st day of October, 1898, and entered m said Surrogate’s Court, settling his accounts.

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Appeal by Nathan' 0; Reed, as trustee under the will of Mary E. Harmon, deceased, from a decree of the Surrogate’s .Court of Cayuga county, bearing date the 21st day of October, 1898, and entered m said Surrogate’s Court, settling his accounts. Mary E. Harmon, the testatrix, died on the 20th day of November, 1886. She was a maiden lady and a sister of the wife of the appellant,, and resided in his family at the time of her death, where she had resided since 1867, Her will was admitted to probate and the appellant qualified as executor and trustee and entered upon the discharge of his duties…

1Opinion of the Court

Hardin, P. J.:

Appellant’s learned counsel seeks to justify the investments outside of the State of Hew York in' lands in Denver in the State of Colorado, under the 4th clause found in the will of the testatrix. That clause is as follows: “ To enable my executor to conveniently carry out this will, I hereby bequeath and devise to said executor all iny real and .personal property of which I shall die seized and owner, but in trust, however, for the purpose of this will, with power to sell and convey any and all my real estate, and until sold to rent, repair and alter same and ■ to keep my…

2Cases cited8 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Beardsley v. . HotchkissNew York Court of Appeals · 1884
  3. Ormiston v. . OlcottNew York Court of Appeals · 1881
  4. Cook v. . LowryNew York Court of Appeals · 1884
  5. Matter of Accounting of MasonNew York Court of Appeals · 1885

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3Cited by7 opinions

  1. Olcott v. . BaldwinNew York Court of Appeals · 1907
  2. Fitchard v. Estate of HirschbergOregon Supreme Court · 1928
  3. In re the Probate of the Will of vom SaalNew York Surrogate's Court · 1913
  4. In re the Estate of ClarkNew York Surrogate's Court · 1938
  5. In re the Estate of PoulsonNew York Surrogate's Court · 1935

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