Legal Opinion

In re Hodgman's Estate

New York Supreme Court

Decided May 9, 1893PublishedCited by 5 opinions

Appeal from surrogate’s court, Washington county. Proceedings for the settlement of the accounts of the executors and executrix of Frederick D. Hodgman, deceased. From a decree of the surrogate judicially settling such accounts, except so much as settles the accounts of the executors of James Cheeseman, deceased, executor of Frederick D. Hodgman, deceased, Mary E. Hodgman, (now Mary E. Yates,) widow and executrix of Frederick D. Hodgman, deceased, appeals. Modified.

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Appeal from surrogate’s court, Washington county. Proceedings for the settlement of the accounts of the executors and executrix of Frederick D. Hodgman, deceased. From a decree of the surrogate judicially settling such accounts, except so much as settles the accounts of the executors of James Cheeseman, deceased, executor of Frederick D. Hodgman, deceased, Mary E. Hodgman, (now Mary E. Yates,) widow and executrix of Frederick D. Hodgman, deceased, appeals. Modified. Frederick D. Hodgman, the testator, died December 7, 1873, and letters testamentary under his will were issued to Mary E.…

1Per curiam

It does not require an argument or citation of authorities to show that the legacy of $50,000 bequeathed to the appellant in the will of Frederick D. Hodgman, deceased, was not specific, and hence that she was not entitled to the dividends which accrued on the bank stock or bonds mentioned in the will.

*727Nor do we think appellant entitled to be allowed on the accounting for interest on said legacy. (1) The receipt shows that she received the $50,000 in full. This paper is an admission that said sum, without interest, was what she was entitled to. It shows that she and her copartners settled on…

2Cases cited7 opinions

  1. Riker v. . CornwellNew York Court of Appeals · 1889
  2. Bryant v. . ThompsonNew York Court of Appeals · 1891
  3. Bates v. RybergCalifornia Supreme Court · 1871
  4. Reid v. VenderheydenCourt for the Trial of Impeachments and Correction of Errors · 1826
  5. In re Estate of WrightCalifornia Supreme Court · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re McKayNew York Surrogate's Court · 1893
  2. In re Estate of HodgmanAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re Hodgman's EstateNew York Supreme Court · 1894
  4. Coe v. Associated Presbyterian SocietyAppellate Division of the Supreme Court of the State of New York · 1900
  5. In re Hodgman's EstateAppellate Division of the Supreme Court of the State of New York · 1896

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