In Re the Final Settlement of the Accounts of Mahan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made on the 16th day of January, 1884, which affirmed the decree of the surrogate of the county of Hew York, in proceedings on final settlement of the accounts of Joseph H. Mahan, as executor of the will of Ellen McGovern, deceased. (Reported below, 32 Hun, 73.) ^ The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made on the 16th day of January, 1884, which affirmed the decree of the surrogate of the county of Hew York, in proceedings on final settlement of the accounts of Joseph H. Mahan, as executor of the will of Ellen McGovern, deceased. (Reported below, 32 Hun, 73.) ^ The material facts are stated in the opinion. Ho title to or estate in the real estate devised vested in any of the beneficiaries named in this will, at the death of the testatrix. They merely acquired equitable…
1Opinion of the CourtDaneorth, J.
The question presented on this appeal arose upon an executor’s accounting and depends upon the true construction of the will of Ellen McG-overn. At the time of her death she owned the premises hereinafter mentioned, and left surviving her all the beneficiaries named in the will, viz.: Bridget Goode, her mother; James McGovern, a son, and John J., Mary, Ellen and Thomas F. Lyons, children by her first husband. She appointed Joseph H. Mahan executor, and devised to him, as such, houses and lots Mos. 611 and 613 Eleventh avenue, in trust to collect the income and profits, or, in his discretion,…
2Cases cited2 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Everitt v. . EverittNew York Court of Appeals · 1864
3Cited by34 opinions
- In re Moran's WillWisconsin Supreme Court · 1903
- Patton v. LudingtonWisconsin Supreme Court · 1899
- De Vries v. De VriesCalifornia Court of Appeal · 1911
- In re the Final Judicial Settlement of the Account of Troy Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Swain v. BowersIndiana Court of Appeals · 1927
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