Adair v. . Brimmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a decree of the surrogate of the county of Livingston, upon an accounting of the executors of James S. Wadsworth, deceased. By the will of said deceased his sons, Charles F. and Craig W. Wadsworth, and Martin Brimmer, were appointed executors.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a decree of the surrogate of the county of Livingston, upon an accounting of the executors of James S. Wadsworth, deceased. By the will of said deceased his sons, Charles F. and Craig W. Wadsworth, and Martin Brimmer, were appointed executors. The material clause of the will is as follows : “I give and devise unto my executors hereinbefore appointed, the one-half part of all the lands and real estate of which I shall die seized or possessed, situated out of the counties of Livingston…
1Opinion of the CourtRapallo, J.
The first exception to the surrogate’s decree, contained in the petition of appeal, relates to the amount charged to the executors as the value of the coal lands in Pennsylvania, designated as the Glendower tract. On the 10th of October, 1864, the executors conveyed the share of this tract of which the testator died seized, (being one undivided third of a tract of 1,508 acres) to Franklin H. Delano, and John M. Forbes, owners of the other two-thirds, for the expressed consideration of one hundred and sixty-six thousand, six hundred and sixty-seven dollars ($166,667), and by a receipt indorsed…
2Cases cited3 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Willcox v. SmithNew York Supreme Court · 1858
3Cited by122 opinions
- May v. HendersonSupreme Court of the United States · 1925
- In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
- City Bank Farmers Trust Co. v. CannonNew York Court of Appeals · 1943
- Renz v. BeemanCourt of Appeals for the Second Circuit · 1978
- Villard v. . VillardNew York Court of Appeals · 1916
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