Brown v. Evans
New York Supreme Court
APPEAL from a decree of the surrogate of the county of Orange, made upon the final accounting of William Evans, the respondent, as surviving executor of Silas Cor-win, deceased. The principal question, on the appeal, arose upon the construction of the will of the testator.
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APPEAL from a decree of the surrogate of the county of Orange, made upon the final accounting of William Evans, the respondent, as surviving executor of Silas Cor-win, deceased. The principal question, on the appeal, arose upon the construction of the will of the testator. By the first clause of such will, the testator devised as follows: “I give unto my son Jahez Corwin, and to his heirs and assigns forever, all my property, both real and personal, provided he ever has any lawful heirs that shall arrive at the age of twenty-one years.” By a subsequent clause he directed and devised as…
1Opinion of the Court
By the Court, Emott, J.
This is an appeal from a decree of the surrogate of Orange county, made upon the final accounting of the respondent as executor of Silas Corwin. The principal and indeed the only particular in which the decree is complained of, as I understand the papers submitted to us, is the rule adopted by the surrogate as to the rights of the parties interested or claiming an interest in the estate, and the construction of the will of Silas Corwin upon which that rule is based. Our attention is not called to any allowance made to the executor in the settlement of his accounts, or…
2Cases cited1 opinion
- Gilchrist v. ReaNew York Court of Chancery · 1841
3Cited by1 opinion
- Waterman v. BallNew York Supreme Court · 1880