Rorke v. McConville
New York Surrogate's Court
Final accounting by the executors of John McConville, who was one of the executors of, and the residuary legatee under, the will of his brother, William McConville.
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Final accounting by the executors of John McConville, who was one of the executors of, and the residuary legatee under, the will of his brother, William McConville. John McConville, as such residuary legatee, took possession of all the assets of the estáte of William McConville, mingled them with his own property, and died possessed of them, but without paying a legacy of $2,000 bequeathed by William McConville to his nephew, John McConville, Jr., although the assets were more than sufficient to pay áll the legacies and debts. After the death of John McConville, liis executors, admitting that…
1Opinion of the Court
The Surrogate.—If John McConville had set apart assets of the estate of William McConville, from which to raise the legacy given to John McConville, Jr., or if, from the money belonging to the estate of William McConville, he had kept by itself a sufficient amount to pay this legacy, on his death those assets or that fund would have rested exclusively in Edward Rorke, as sole surviving executor of William McConville, and he would be entitled to follow the assets or the fund in the hands of the executors of John McConville. (Shook v. Shook, 19 Barb., 653 ; Walton v. Walton, 4 Abb. Ct. App.…
2Cases cited7 opinions
- Beall v. New MexicoSupreme Court of the United States · 1873
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
- Gray v. HarrisMississippi Supreme Court · 1871
- Walton v. WaltonNew York Court of Appeals · 1864
- Goodyear v. BloodgoodNew York Court of Chancery · 1846
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