In re Judicial Settlement of the Account of Dunn
Appellate Division of the Supreme Court of the State of New York
Appeal by .Herbert S. Barnes and others from that portion of a decree of the Surrogate’s Court-of the county of New York, entered in said Surrogate’s Court on the 18th day of March, 1896, which provides for the payment to Frances M. Barnes of the sum of $408.32, and the sum of $9,372.70, as interest upoh her legacy under, .the will of Joseph C. Barnes, deceased, and also from that portion ■ of said decree which finds the balance remaining in the hands' of the executor of…
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Appeal by .Herbert S. Barnes and others from that portion of a decree of the Surrogate’s Court-of the county of New York, entered in said Surrogate’s Court on the 18th day of March, 1896, which provides for the payment to Frances M. Barnes of the sum of $408.32, and the sum of $9,372.70, as interest upoh her legacy under, .the will of Joseph C. Barnes, deceased, and also from that portion ■ of said decree which finds the balance remaining in the hands' of the executor of said deceased, and distributable to and among the residuary legatees under said last will, to be the sum of $15.99 for each…
1Opinion of the Court
Ingraham, J.:
The first question presented is, whether. or not the widow is entitled to interest on a legacy left to her by the will of the testator which she was to receive “ in lieu of all other interest, dower or distributive share of. my estate.” No trust was created by the will,' but the widow was given a legacy of $150,000 absolutely, and the question is, whether or not in addition to. this sum she is entitled to the interest on this sum from the death of the testator until the expiration of one year after the issue of letters testamentary.
There seems to have been some confusion in the…
2Cases cited6 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Thorn v. . GarnerNew York Court of Appeals · 1889
- Pollock v. LearnedMassachusetts Supreme Judicial Court · 1869
- Hepburn v. HepburnNew York Surrogate's Court · 1851
- Martin v. MartinSupreme Court of Pennsylvania · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re the Judicial Settlement of the Accounts of SlocumAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of LevyNew York Surrogate's Court · 1957
- In re Austin's WillAppellate Division of the Supreme Court of the State of New York · 1901
- Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
- In re the Estate of FowlstonNew York Surrogate's Court · 1934
8 more not listed; retrieve them via the Exa API.