In Re the Judicial Settlement of the Accounts of Young
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20,1894, which affirmed a judgment judicially settling the accounts of the executors of Amos Hurlbutt, deceased, entered upon a decree of the surrogate of the county of Cayuga. „The proceeding involved a construction of certain provisions of the will of said Amos Hurlbutt, the substance of which is set forth-in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20,1894, which affirmed a judgment judicially settling the accounts of the executors of Amos Hurlbutt, deceased, entered upon a decree of the surrogate of the county of Cayuga. „The proceeding involved a construction of certain provisions of the will of said Amos Hurlbutt, the substance of which is set forth-in the opinion. As Mary Tifft died before her mother, Mary Hurlbutt, widow of testator, the interest which, otherwise, the former would have taken in the $4,000,…
1Opinion of the CourtFinch, J.
The controversy over the construction of this will arises out of the provisions contained in its second paragraph. The testator first gave to his wife five thousand dollars and his household goods, the„use of his house until the farm should be sold, and an annuity of one hundred dollars from its rents, issues and profits until that sale should take place. He then provided thus: “ Second: I hereby ordain and require the sale of my farm as soon after my decease as it can be done without undue sacrifice, and out of the proceeds of such sale four thousand dollars are to be reserved for the use of…
2Cases cited3 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Loder v. . HatfieldNew York Court of Appeals · 1877
3Cited by37 opinions
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- In re the Estate of LeonardNew York Surrogate's Court · 1932
- De Vries v. De VriesCalifornia Court of Appeal · 1911
- In Re the Estate of ShawCalifornia Supreme Court · 1926
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