Bacon v. Sayre
New York Supreme Court
Action for the judicial construction of the last will and testament of Emma Bacon, deceased.
1Opinion of the CourtSutherland, J.
The right of the plaintiff as executor of the will of his mother, Emma Bacon, to maintain this action to obtain a judicial construction of her will, *464is challenged by his trustee in bankruptcy, who contends that the executors having unconditionally distributed her entire estate in 1883, plaintiff as sole surviving executor has no duty or right with respect to the fund sought to be reached in this action, and having no duty to perform has no reason as executor to ask the court to interpret the will (citing in support of that contention, Leggett v. Stevens, 77 App. Div. 612, 185 N. Y. 70); and…
2Cases cited13 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Washbon v. . CopeNew York Court of Appeals · 1895
- Benson v. . CorbinNew York Court of Appeals · 1895
- Wager v. . WagerNew York Court of Appeals · 1884
- Leggett v. . StevensNew York Court of Appeals · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Estate of KellySupreme Court of Minnesota · 1929
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- In re the Estate of MontgomeryNew York Surrogate's Court · 1938
- In re the Estate of ShoffNew York Surrogate's Court · 1949
- Bacon v. SayreAppellate Division of the Supreme Court of the State of New York · 1914