In Re the Final Accounting of Denton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 9, 1884, which affirmed a decree of the surrogate of the county of Orange, on final, settlement of the accounts of Theodore J. Denton, as executor of the will of Theodore B. Denton,' deceased. (Reported below, 33 Hun, 317.) The facts material to the questions discussed are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 9, 1884, which affirmed a decree of the surrogate of the county of Orange, on final, settlement of the accounts of Theodore J. Denton, as executor of the will of Theodore B. Denton,' deceased. (Reported below, 33 Hun, 317.) The facts material to the questions discussed are stated in the opinion. A remainder may he limited upon a bequest of personal property, and it may be limited, upon a bequest of money as well as of other personal property. (Bliven v.…
1Opinion of the CourtPinch, J.
The clause in the testator’s will, out of which the present litigation has arisen, is expressed in these words, viz.: “ I give and bequeath to my daughter Elizabeth J. Mead, the sum of $25,000 ; and do order and direct that $8,000 of said sum be paid over to her son, Theodore B. Mead, when he shall arrive at the age of twenty-one years.” The question presented is, whether the executor was justified in paying over the whole bequest to Mrs. Mead, which he did, or should have retained for investment $8,000 thereof, accounting to her for the interest during the minority of Theodore, and…
2Cases cited1 opinion
- Smith v. . Van OstrandNew York Court of Appeals · 1876
3Cited by6 opinions
- Hodgman v. CobbAppellate Division of the Supreme Court of the State of New York · 1922
- In Re the Will of Von KleistNew York Court of Appeals · 1934
- In re the Probate of the Will of ReckfordNew York Court of Appeals · 1954
- In re the Estate of ArgersingerNew York Surrogate's Court · 1973
- Wetmore v. New York Institution for BlindNew York Supreme Court · 1888
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