In re the judicial settlement of the account of Dunham
New York Surrogate's Court
Compulsory accounting of David H. Dunham, surviving executor. Anne P. Dunham, a granddaughter of the testator who by a judgment of the Supreme Court rendered in 1873 was declared entitled to One fifth of the residuary estate, on Oct. 20, 1888, presented a petition praying for a citation requiring David H. Dunham, surviving executor of the will of John B. Dunham to show cause why he should not make and settle an account as such executor and also as executor of his mother who…
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Compulsory accounting of David H. Dunham, surviving executor. Anne P. Dunham, a granddaughter of the testator who by a judgment of the Supreme Court rendered in 1873 was declared entitled to One fifth of the residuary estate, on Oct. 20, 1888, presented a petition praying for a citation requiring David H. Dunham, surviving executor of the will of John B. Dunham to show cause why he should not make and settle an account as such executor and also as executor of his mother who had been an executrix of the will of the testator and who had died in 1887, leaving a will of which he was the executor.…
1Opinion of the Court
The Surrogate.
It is alleged in the petition in this matter that, in 1873, a judgment, construing the will of the testator, was rendered by the Supreme Court, in and by which it was adjudged, among other things, that the petitioner, who was then a minor, was entitled to one fifth part of the residuum of the real and personal estate of the deceased. It does not appear what sum is claimed by the petitioner, but that portion in which she alleges an interest is understood to be very considerable in amount.
The testator bequeathed the use of $10,000 to Elizabeth Maria Phillips, a grandchild, and at…
2Cases cited1 opinion
- House v. AgateNew York Surrogate's Court · 1877
3Cited by3 opinions
- In re the Estate of MillerNew York Surrogate's Court · 1896
- In re Goetschius' EstateNew York Surrogate's Court · 1893
- In re NichollsNew York Surrogate's Court · 1889