Campbell v. Purdy
New York Surrogate's Court
This was a judicial settlement of the account of executors, initiated by petition of an infant interested in the estate. The will of the testator, admitted to probate in January, 1875, in substance directed the executors to pay his debts and funeral expenses ; also to sell and convey all his real and personal property as soon after his death as they should deem best, and out of the proceeds to pay the funeral expenses, debts and expenses of administration.
Read the full summary
This was a judicial settlement of the account of executors, initiated by petition of an infant interested in the estate. The will of the testator, admitted to probate in January, 1875, in substance directed the executors to pay his debts and funeral expenses ; also to sell and convey all his real and personal property as soon after his death as they should deem best, and out of the proceeds to pay the funeral expenses, debts and expenses of administration. The balance he directed them to divide into two equal parts, one of which they were ordered to pay to Ms daughter Hannah, and to invest…
1Opinion of the Court
The Surrogate.
Assuming that the executors are such testamentary trustees as are contemplated by title 6 of chapter 18 of the "Code, of which there may be serious doubts, the will in this case makes them such trustees only of the share of Benjamin B. Campbell. As to Hannah’s share, they are simply executors, clothed with a naked power of sale of all the real estate. Hence, they may account as executors, and may be compelled to do so. They may also be compelled by the petitioner to render an intermediate account as trustees, by virtue of section 2803, the petitioner being “a person interested…
2Cases cited1 opinion
- Collier v. . MunnNew York Court of Appeals · 1869
3Cited by3 opinions
- In re Howard's EstateNew York Surrogate's Court · 1893
- In re WoodNew York Surrogate's Court · 1886
- Pullman v. WilletsNew York Surrogate's Court · 1885