Lee v. Lee
New York Supreme Court
Appeal from a final accounting before the surrogate of New York. The petition of appeal was filed by Francis Lee, executor, &c., of Hugh Lee; the respondents were William and Catharine Lee, Terence Keany, and four brothers, and a sister of Keany.
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Appeal from a final accounting before the surrogate of New York. The petition of appeal was filed by Francis Lee, executor, &c., of Hugh Lee; the respondents were William and Catharine Lee, Terence Keany, and four brothers, and a sister of Keany. The will of the deceased gave the executor power of sale of a house and lot in Elm-street, and other property, and directed that out of the proceeds of sale, $2,000 should be paid to the widow of the testator; “-and the residue of said proceeds, after payment of my said debts, funeral expenses, and the allowance to my said wife as hereinafter set…
1Opinion of the CourtIngraham, J.
The testator directed the residue of his estate to be divided between his brother William and the children of his deceased sister Ellen, and the daughter of his brother John, in equal proportions, “ share and share alike.” The surrogate decreed a distribution among the legatees per capita, giving each of the nephews and nieces an equal share with the brother.
The rule as applied by the surrogate was, I think, correct. Had the testator said, I give to my brother, and to the children of his brother and sister, by naming each of them as a legatee, and added, in equal proportions, “ share and…
2Cited by13 opinions
- Mulberger v. BeurhausWisconsin Supreme Court · 1899
- Purnell v. CulbertsonCourt of Appeals of Kentucky · 1876
- Manier v. PhelpsNew York Supreme Court · 1884
- Graves v. GravesNew York Supreme Court · 1889
- In re the last Will of JackmanWisconsin Supreme Court · 1870
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