In Re the Accounting of Russell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 22, 1901, which affirmed a decree of the Surrogate’s Court of Westchester county settling the accounts of the executors of the will of James Russell, deceased, and directing distribution.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 22, 1901, which affirmed a decree of the Surrogate’s Court of Westchester county settling the accounts of the executors of the will of James Russell, deceased, and directing distribution. The proceeding involved the construction of the residuary ■ clause of the will of said James Russell, who died in the month of January, 1888. That part of the will which is the subject of this controversy reads as follows: “Sixth. All the rest, residue and remainder of my personal estate and the…
1Opinion of the CourtO’Brien, J.
The provisions of the will of James Russell, disposing of his residuary estate, suggest several questions that need not be discussed, since counsel on both sides are in entire accord with respect to their proper legal solution. A statement of the questions and points as to which they agree will, however, tend to place the question with respect to which they differ in a clearer light. If I have correctly comprehended the arguments of counsel they agree.upon the following propositions that are involved in the case :(1) That, under the terms of the will, there is an equitable conversion of real…
2Cases cited20 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Savage v. . BurnhamNew York Court of Appeals · 1858
- In Re the Appraisal Under the Transfer Tax Acts of the Property of KimberlyNew York Court of Appeals · 1896
- Goebel v. . WolfNew York Court of Appeals · 1889
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
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3Cited by67 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- In Re the Accounting of KingNew York Court of Appeals · 1910
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- In re the Estate of McCaffertyNew York Surrogate's Court · 1932
- In Re Estate of MurphyCalifornia Supreme Court · 1909
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