Legal Opinion

In re the Final Judicial Settlement of the Account of Mahan

New York Supreme Court

Decided March 15, 1884Published

Appeal from a final decree of the surrogate of the county of ’ New York, upon the final settlement of the accounting of Joseph - H. Mahan, as executor of Ellen McGovern, deceased.

1Opinion of the Court

•Davis, P. J.:

Upon pronouncing tbe decree in tbis case tbe learned surrogate -delivered tbe following opinion:

OPINION OP THE SURROGATE-ESTATE OP ELLEN McGtOVEEN, Deceased.

Rollins, S. — By tbe will of the testatrix two parcels of real • estate situate at Nos. 611 and 613 Eleventh avenue, in tbis city, are • devised in trust to her executor.'

1. Such executor is directed to collect and receive tbe income and profits thereof, or in his discretion to sell and convey tbe same in whole or in part, to invest tbe proceeds and to collect and receive • tbe income and profits of such proceeds, and out of…

2Cases cited7 opinions

  1. Moore v. LyonsNew York Supreme Court · 1840
  2. Scott v. . GuernseyNew York Court of Appeals · 1871
  3. Livingston v. . GreeneNew York Court of Appeals · 1873
  4. Phelps' v. . PondNew York Court of Appeals · 1861
  5. Stevenson v. . LesleyNew York Court of Appeals · 1877

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