In re the Final Judicial Settlement of the Account of Proceedings of Visscher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Cochrane, P. J.:
The principal controversy herein exists between the testator’s widow, May Winne Ham, and his brother and heir-at-law, Fred C. Ham, and relates solely to the proceeds of the real estate. The former contends that under the residuary clause of the will there was a conversion of the realty into personalty and that she is, therefore, entitled to one-half of the proceeds of the realty. The latter contends that the personal estate being more than sufficient to pay all expenses of administration and all valid bequests there was no necessity for the conversion of the real property and…
2Cases cited9 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Read v. . WilliamsNew York Court of Appeals · 1891
- Betts v. BettsNew York Supreme Court · 1878
- Jones v. . KellyNew York Court of Appeals · 1902
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3Cited by4 opinions
- In re the Estate of GaubertNew York Surrogate's Court · 1937
- In re the Estate of SloatNew York Surrogate's Court · 1931
- In re the Accounting of FosterNew York Surrogate's Court · 1955
- In re the Estate of MorrisNew York Surrogate's Court · 1940