Reed & Van Wart v. Underhill
New York Supreme Court
This was an appeal by David Reed and Ann J. Van Wart, executor and executrix of the estate of Nathaniel Fisher, deceased, from that part of a decree of the surrogate of the county of Westchester, made the first day of October, 1850, in the matter of the final settlement of the accounts of Oliver Cornell, executor, &c. of Isaiah Underhill, deceased, which directed and ordered that the one-fifth of the proceeds arising from the sale of the premises directed to be sold by the…
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This was an appeal by David Reed and Ann J. Van Wart, executor and executrix of the estate of Nathaniel Fisher, deceased, from that part of a decree of the surrogate of the county of Westchester, made the first day of October, 1850, in the matter of the final settlement of the accounts of Oliver Cornell, executor, &c. of Isaiah Underhill, deceased, which directed and ordered that the one-fifth of the proceeds arising from the sale of the premises directed to be sold by the will of said Underhill, should be paid to Alfred Underhill, one of his children and heirs at law. The will of Isaiah…
1Opinion of the Court
By the Court,
Brown, J.
This was an appeal from a decree of the surrogate of the county of Westchester, made upon the final settlement, and for the distribution of the estate of Isaiah Underhill, deceased. Its decision turns, exclusively, upon the legal effect of the deed from the respondent, Alfred Underhill and Emeline his wife, to Nathaniel Fisher, deceased, the appellant’s testator. Isaiah Underhill died seised of certain lands, situate in Yorktown, in the county of Westchester, the one-fifth part of the proceeds of the sales of which is the subject in controversy. He left a last will and…
2Cited by22 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Bank of Ukiah v. RiceCalifornia Supreme Court · 1904
- Sayles v. . BestNew York Court of Appeals · 1893
- Givens v. OttSupreme Court of Missouri · 1909
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