Brittin v. Phillips
New York Surrogate's Court
This was a Hearing of exceptions filed by Helen and William M. B. Brittin, sub-legatees under decedent’s will, to referee’s report on the accounting of William A. Sale and Aaron G. Byram, the executors. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
By the will of the testator, one fourth of his residuary estate was given to one Theodore 0. Phillips, as was also a like share in certain real property, “ to have and to hold the same to and for his own use, benefit and behoof forever, subject, however, to and charged with the payment by him out of the, same, ” and so soon as practicable, and within two years after the death of the testator, of certain sums of money to divers persons, among whom are the present claimants. Phillips died in 1874, and his wife, as his administratrix, represents his interest in the personalty now…
2Cases cited10 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Brown v. . KnappNew York Court of Appeals · 1879
- Taylor v. . DoddNew York Court of Appeals · 1874
- Gridley v. . GridleyNew York Court of Appeals · 1861
- Kelsey v. . WesternNew York Court of Appeals · 1849
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