Matter of Myers
New York Court of Appeals
Cross-appeals from orders of the General Term of the. Supreme Court, in the first judicial department, made December 2 and 11, 1891, in the above-entitled proceedings, which modified and affirmed as modified orders of the surrogate of the county of New York granting allowances out of the estate of Alfred G. Myers, deceased. The nature of the proceedings, and the facts so far as-material, are stated in the opinion.
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Cross-appeals from orders of the General Term of the. Supreme Court, in the first judicial department, made December 2 and 11, 1891, in the above-entitled proceedings, which modified and affirmed as modified orders of the surrogate of the county of New York granting allowances out of the estate of Alfred G. Myers, deceased. The nature of the proceedings, and the facts so far as-material, are stated in the opinion. The executors are chargeable with only $1,450 and interest to each petitioner, instead of $4,983.72, being one-half of six per cent interest on $157,017.85, as decided by the…
1Opinion of the CourtMaynard, J.
With the exception of some unimportant legacies, the testator gave his entire estate to the four executors of his will, in trust with the direction to collect, invest and reinvest the same, and pay the income thereof in equal shares to his two sisters, and after their death to divide the principal equally between his surviving partners in the business of stock brokers in New York city, one of whom was an executor and the other a brother of such executor. Upon the day after Ms death tliis executor and his brother formed a new copartnership, taking in another member, and continuing the business…
2Cases cited3 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
3Cited by20 opinions
- President and Directors of Manhattan Co. v. KelbyCourt of Appeals for the Second Circuit · 1945
- In Re the Accounting of SanfordNew York Court of Appeals · 1947
- Nunner v. EricksonOregon Supreme Court · 1935
- In re McKayNew York Surrogate's Court · 1893
- In re the Estate of ScudderNew York Surrogate's Court · 1897
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