Gilman v. . Gilman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of the surrogate of the county of New York directing certain payments to he made by the executors of the estate of Nathaniel Gilman, deceased. The testator died in 1859, leaving a large estate, mostly personal. By his will, after a few small legacies, he gave the residue of his estate in equal shares to his children and the representatives of deceased children.
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Appeal from order of the General Term of the Supreme Court in the first judicial department affirming an order of the surrogate of the county of New York directing certain payments to he made by the executors of the estate of Nathaniel Gilman, deceased. The testator died in 1859, leaving a large estate, mostly personal. By his will, after a few small legacies, he gave the residue of his estate in equal shares to his children and the representatives of deceased children. As to his son, the respondent William W. Gilman, the will contained this clause: “ Sec. 19. I direct that Wintiirop W.…
1Opinion of the CourtAndrews, J.
The printed case furnished on this appeal is voluminous, and contains a great deal of matter irrelevant to the questions involved. These questions will be briefly considered.
It is in the power of a surrogate to direct a payment to a legatee of a portion of his legacy, in anticipation of the final accounting and distribution of the estate, where this can be done without prejudice to the rights of creditors or other legatees, or persons interested.
• The statute authorizes the surrogate, on the application of a legatee, to decree payment of his legacy or its just proportional part, at any time…
2Cited by9 opinions
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- In re O'BrienNew York Surrogate's Court · 1893
- In re the Judicial Settlement of the Accounts of BlairAppellate Division of the Supreme Court of the State of New York · 1901
- In re the appeal of MooreNew Jersey Superior Court Appellate Division · 1900
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