In re the Judicial Settlement of the Accounts of Richmond
Appellate Division of the Supreme Court of the State of New York
Appeal by Rollin H. Smith, as administrator with the will annexed of- Christopher B. Leigh, deceased, from a decree of the Surrogate’s Court of the county of Herkimer, entered in the office of said surrogate on the 7th day of March, 1900, settling the accounts of Seth M. Richmond, as executor and trustee of the last will and testament of Christopher B. Leigh, deceased, and also from an order entered in said office on the 19th day of July, 1899, directing the piayment of…
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Appeal by Rollin H. Smith, as administrator with the will annexed of- Christopher B. Leigh, deceased, from a decree of the Surrogate’s Court of the county of Herkimer, entered in the office of said surrogate on the 7th day of March, 1900, settling the accounts of Seth M. Richmond, as executor and trustee of the last will and testament of Christopher B. Leigh, deceased, and also from an order entered in said office on the 19th day of July, 1899, directing the piayment of certain referee’s fees by the said Rollin H. Smith, as; administrator with the will annexed of Christopher B„ Leigh,…
1Opinion of the Court
Adams, P. J.:
The main grounds upon which the appellant rests his appeal are (1) that the Surrogate’s Court erred in holding that Richmond, the former executor and trustee, did not set aside and separate from his testator’s estate the corpus of the trust fund of $7,000, and (2) in further holding that by the provisions of the will of Christopher B. Leigh there was such an equitable conversion of the latter’s real estate into personalty as authorized and required the executor to collect rents and sell the realty and to apply the same, or the proceeds thereof, to the payment of legacies.
These…
2Cases cited3 opinions
- In Re the Judicial Settlement by ClarkNew York Court of Appeals · 1890
- Matter of Estate of Young v. . HicksNew York Court of Appeals · 1883
- In re the Judicial Settlement of the Accounts of HavensNew York Surrogate's Court · 1894
3Cited by11 opinions
- Isham v. New York Ass'n for Improving Condition of the PoorNew York Court of Appeals · 1904
- In re the Judicial Settlement in the Estate of BakerAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Judicial Settlement of the Account of FurnissAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Estate of GoldbergNew York Surrogate's Court · 1937
- Hourt v. WeigartAppellate Division of the Supreme Court of the State of New York · 1912
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