In re the State of Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles David Kennedy and others, the executors, etc., and others, from an order of the Surrogate’s Court of the county of Ulster, entered in said Surrogate’s Court on the 1st day of August, 1910, resettling an order of July 11, 1910, and also from the original and resettled orders, which in substance refuse to dismiss the petition for the removal of the executors and for an accounting, and require the executors to file their account and appear before the surrogate…
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Appeal by Charles David Kennedy and others, the executors, etc., and others, from an order of the Surrogate’s Court of the county of Ulster, entered in said Surrogate’s Court on the 1st day of August, 1910, resettling an order of July 11, 1910, and also from the original and resettled orders, which in substance refuse to dismiss the petition for the removal of the executors and for an accounting, and require the executors to file their account and appear before the surrogate to be examined regarding the same.
1Opinion of the Court
Kellogg, J.:
The will of the testator was probated and letters testamentary issued to his executors August, 1901, and no account has ever been filed by them. The will, so far as is necessary to state here, gives to the executors and trustees the property, which consists of real and personal estate, with the right to sell, convey, reinvest the same, collect the rents and income thereof, and apply the same for the purposes mentioned in the will. The widow, who is still living, is to have the income of the property during her life. After her death the executors are to handle the property for five…
2Cited by3 opinions
- In re KellyAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Estate of ChambersNew York Surrogate's Court · 1938
- In re the Estate of SweeneyNew York Surrogate's Court · 1925