In re the Judicial Settlement of the Account of Dwyer
Appellate Division of the Supreme Court of the State of New York
Appeal by Loretta A. Welch and C. Willard Rice, as special guardian, from, a decree of the Surrogate’s Court of the county of Ontario, entered in the office of said surrogate on the 11th day of January, 1919, settling the accounts of the executor and directing a distribution of the assets.
1Opinion of the Court
Hubbs, J.:
The last will of Catherine Hutchins devised all of her real estate, of the value of $3,500, to a nephew and bequeathed $23,500 to fourteen different legatees. The residue of the estate was bequeathed to Margaret E. Dwyer, a sister. On the settlement of the executor’s account there remained for distribution $33,646.56. The legacies amounted to $23,500, leaving a residuary estate of $10,141.56 bequeathed to Margaret E. Dwyer. She was a witness to the will and testified on the probate thereof, and it could not have been probated without her testimony. The bequest to her was, therefore,…
2Cases cited7 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878
- Caw v. . RobertsonNew York Court of Appeals · 1851
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3Cited by9 opinions
- In Re Lubbe's EstateDistrict Court of Appeal of Florida · 1962
- In re the Probate of the Last Will & Testament of DickNew York Surrogate's Court · 1922
- In re the Estate of HumeNew York Surrogate's Court · 1931
- In re the Estate of SmithNew York Surrogate's Court · 1937
- In re the Will of HohnNew York Surrogate's Court · 1943
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