In re the Judicial Settlement of the Account of Muller
Appellate Division of the Supreme Court of the State of New York
Appeal by Leo E. Muller and another,. as trustees of the estate of Anna Muller, deceased, from an order of the Surrogate’s Court of the county of JSTew York, entered in said Surrogate’s Court on ' the 10th day of July, 1897, granting the petition of Marc J. E.' Muller for the part payment of income due him under the trust created for his benefit in and by the will of said testatrix.
1Opinion of the Court
■ Present— Barrett, Rumsey, Patterson and .O’Brien, JJ. ■
The following is the opinion of the surrogate :
Arnold, Surrogate:
This is an application under section 2722 of the Code of ..Civil Procedure. The petitioner is a son of the testatrix, and by the provisions of her will is entitled to the interest during his life of a trust fund now amounting to $6,000.. He asks that the executors pay to. lim on account of accrued income the sum of $653.56. It is provided by the section referred to that, where an executor files, á written answer, duly verified, setting forth facts which show that it is…
2Cases cited2 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- In re Morton's EstateNew York Supreme Court · 1893