Brown v. Brown
New York Supreme Court
THIS is an appeal from a decree of the surrogate of Monroe county, entered October 23, 1867, upon the final accounting of the respondent as sole executrix of, &c. of Matthew Brown, deceased. The testator died December 28, 1851. The decree of the surrogate adjudged the sum of $7150.54, to be due to the executrix, which sum, together with the costs, ivas ordered to be paid to her out of the assets.
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THIS is an appeal from a decree of the surrogate of Monroe county, entered October 23, 1867, upon the final accounting of the respondent as sole executrix of, &c. of Matthew Brown, deceased. The testator died December 28, 1851. The decree of the surrogate adjudged the sum of $7150.54, to be due to the executrix, which sum, together with the costs, ivas ordered to be paid to her out of the assets. The petition of appeal alleged that letters testamentary were issued to the respondent on the 15th day of March, 1852. That the appellants are residuary legatees, mentioned in said will. That on or…
1Opinion of the Court
By the Court, Johnson, J.
This appeal is. from the decree of the surrogate upon a final accounting by the defendant; and one of the principal questions in the case is, whether the accounting in question was properly made upon the basis • of a former final accounting in 1861, or whether it should not have gone back to the commencement of the defendant’s trust, as executor, and embraced the whole subject of assets, charges and credits. I am clearly of the opinion that the settlement of -1861, was the proper basis of this settlement, and that it was not necessary for the defendant to go behind…
2Cases cited1 opinion
- Glover v. HolleyNew York Surrogate's Court · 1853
3Cited by7 opinions
- Estate of Soutter v. PorterNew York Court of Appeals · 1887
- Steel v. HolladayOregon Supreme Court · 1890
- Seders v. SternberghNew York Court of Appeals · 1869
- Baucus v. StoverNew York Supreme Court · 1881
- Edwards v. EdwardsNew York Surrogate's Court · 1882
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