Legal Opinion

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

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

Decided February 16, 1912PublishedCited by 13 opinions

Appeal by La Faculté Théologie Protestante de Montauban and another, contestants, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 25th day of July, 1910.

1Opinion of the Court

Clarke, J.:

Appeal from the decree of the surrogate in a proceeding for an accounting, holding that a legacy had lapsed and had gone into the residuary estate.

Louise Leclere executed her last will and testament on July 9, 1886. She died in the city of New York, of which she was a resident, on February 24, 1907, and her will was admitted to probate June 10, 1907. She appears to have left no relatives.

The question here grows out of the following clause of the will: CCI give and bequeath to the Faculté de Théologie Protestante de Montauban, in France, One Hundred Thousand francs, of the currency…

2Cases cited8 opinions

  1. Allen v. . StevensNew York Court of Appeals · 1899
  2. In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
  3. Hope v. . BrewerNew York Court of Appeals · 1892
  4. In Re Proving the Last Will & Testament of GriffinNew York Court of Appeals · 1901
  5. Manley v. FiskeAppellate Division of the Supreme Court of the State of New York · 1910

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3Cited by13 opinions

  1. Ely v. ElyAppellate Division of the Supreme Court of the State of New York · 1914
  2. Stewart v. FranchettiAppellate Division of the Supreme Court of the State of New York · 1915
  3. In re the Estate of SkuseNew York Surrogate's Court · 1937
  4. In Re Estate of GardnerColorado Court of Appeals · 1972
  5. In re the Judicial Settlement of the Account of RasquinAppellate Division of the Supreme Court of the State of New York · 1913

8 more not listed; retrieve them via the Exa API.

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