Legal Opinion

Calkins v. Calkins

New York Surrogate's Court

Decided September 15, 1860PublishedCited by 4 opinions

This was an application for the final settlement of the accounts of the executor, &c., of Seth Calkins, deceased. The facts will sufficiently appear in the opinion.

1Opinion of the Court

The Surrogate. — From the account of the executor, there appears to be in his hands for distribution, as of 11th September, 1860, the sum of $1,245.27, being the balance of the estate after paying debts, &e. The will reads as follows: “ I give and bequeath to my beloved wife, Haney, all my prop-, erty, real estate, personal property, house, furniture, &c., to have and to hold as hers as long as she shall live; and after her death, the property that is remaining I request to be divided equally among my surviving children,” naming them.

The question to decide is, whether the balance in the hands…

2Cases cited3 opinions

  1. Covenhoven v. ShulerNew York Court of Chancery · 1830
  2. Spear v. TinkhamNew York Court of Chancery · 1847
  3. Dewitt v. SchoonmakerNew York Supreme Court · 1807

3Cited by4 opinions

  1. In re the Estate of BatesNew York Surrogate's Court · 1938
  2. In re the Revocation of Letters Testament of BurrNew York Surrogate's Court · 1905
  3. In re the Judicial Settlement of the Account of MillardNew York Surrogate's Court · 1889
  4. In re the Judicial Settlement of the Accounts of WoodsNew York Supreme Court · 1885

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