Legal Opinion

In re the Judicial Settlement of the Account of Millard

New York Surrogate's Court

Decided November 15, 1889Published

Accounting of Henry Millard, as executor of the will of Sylvanus S. Millard, deceased. The facts appear in the opinion.

1Opinion of the Court

The Surrogate.

The will of the above named decedent after directing the payment of his debts, bequeaths absolutely to the testator’s wife all of his household furniture. It then gives to his son Henry, the executor, a bequest of $1,000, and proceeds as follows, viz.:

' “ Fourth. I will and bequeath to my beloved wife, Margery Millard, all the residue and remainder of my real and personal estate, to be used for her own personal benefit during her natural life. I hereby authorize my executor, hereinafter named, with the advice and consent of my wife Margery to sell in part or all of my real and…

2Cases cited7 opinions

  1. Tyson v. . BlakeNew York Court of Appeals · 1860
  2. Thomas v. WolfordNew York Supreme Court · 1888
  3. Shultz v. PulverNew York Court of Chancery · 1831
  4. Harrington v. . KeteltasNew York Court of Appeals · 1883
  5. Leggett v. FirthNew York Supreme Court · 1889

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