In re the Judicial Settlement of the Accounts of Coolidge
Appellate Division of the Supreme Court of the State of New York
'Cross-appeals by Sarah J. Snyder and others, and by Henry A_ Howard, as administrator, etc., of Haney Holland, deceased, from, portions of a decree of the Surrogate’s Court of Warren county,,, entered in said Surrogate’s Court on the 8th day,of December, 1902, judicially settling the accounts of Jonathan M. Coolidge and another, as executors, etc., of George W. Lee, deceased.
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'Cross-appeals by Sarah J. Snyder and others, and by Henry A_ Howard, as administrator, etc., of Haney Holland, deceased, from, portions of a decree of the Surrogate’s Court of Warren county,,, entered in said Surrogate’s Court on the 8th day,of December, 1902, judicially settling the accounts of Jonathan M. Coolidge and another, as executors, etc., of George W. Lee, deceased. The questions presented upon this appeal involve for their deter-: mination the construction of the will of George W. Lee, who died May 7, 1901, being at the time a resident of Warren county. The: will was admitted to…
1Opinion of the Court
Chester, J.:
Two questions only need, to be discussed in determining this appeal: First, whether or not the will operated as an equitable conversion of the testator’s real estate into personalty. Second, whether or not upon the death of the testator’s son, Forest T. Lee, Haney Holland and the other persons then living who answered the description of next of kin of the testator, acquired vested rights to share in the distribution of his estate.
First. There is no dispute here as to the law relating to equitable conversion, but the trouble arises in applying the law to the facts in this case. The…
2Cases cited1 opinion
- Manice v. . ManiceNew York Court of Appeals · 1871
3Cited by6 opinions
- Olcott v. Estate of Charles Frederick Hoffman, Inc.New York Supreme Court · 1926
- In re the Administration ofGoods, Chattels & Credits that Were of HollandAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Construction of the Will of RumphNew York Surrogate's Court · 1954
- Estate of Spreckels, Superior Court of California, County of San Francisco1910
- In re the Estate of ArgentoNew York Surrogate's Court · 1962
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