Legal Opinion

In re Application for Leave to Enter into Possession and to Manage and Control & Receive the Rents of Real Property Left by Mould

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1921PublishedCited by 1 opinion

Appeal by Diurnal Realty Corporation from an order of the Surrogate’s Court of the county of Westchester, entered in the office of the clerk of said court on the 6th day of December, 1920, granting leave to the executor of Charity C. Mould, deceased, to enter into possession of the real property of the deceased and to manage and control the same and receive the rents thereof, until further order of the court.

1Opinion of the Court

Kelly, J.:

Charity C. Mould died on May 22, 1920, leaving a will which was admitted to probate by the surrogate of Westchester county on October 8, 1920, in which she bequeaths an aggregate sum of $40,500, as well as various articles of personal property in legacies to her, sister, niece, nephew and other persons named. The residue of her estate, real and personal, including a cemetery lot, she gives, devises, and bequeaths to Florence A. Coombs, “ who grew up as a child in ¿my family and lived with me for many years, the same to haveiand to hold forever.” In the 10th paragraph of her will she…

2Cases cited4 opinions

  1. Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
  2. Borrowe v. . CorbinNew York Court of Appeals · 1901
  3. In re FriedellAppellate Division of the Supreme Court of the State of New York · 1897
  4. In re an Application for Leave to Enter Into Possession & to Manage & Control & Receive the Rents of Real Property Left by MouldNew York Surrogate's Court · 1920

3Cited by1 opinion

  1. In re the Judicial Settlement of the Final Account of Proceedings of PurdyNew York Surrogate's Court · 1927

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