Cole v. Terpenning
New York Supreme Court
Appeals from orders made by tbe surrogate of Ulster county, denying petitions filed by tbe plaintiffs, by wbicb they sought to have the defendant compelled to appear and account as surviving executor of Solomon Terpenning, and to procure payment of the legacies due to tbe petitioners.
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Appeals from orders made by tbe surrogate of Ulster county, denying petitions filed by tbe plaintiffs, by wbicb they sought to have the defendant compelled to appear and account as surviving executor of Solomon Terpenning, and to procure payment of the legacies due to tbe petitioners. The testator, by bis will, which was dated July 23, 1840, and to which a codicil had been added October 2, 1845, bequeathed to his “ daughter Delilah, the wife of Henry Cole, four hundred dollars, to be paid to her by my two sons John and Ezekiel, share and share alike, one year and one day after my decease.…
1Opinion of the Court
Learned, P. J.:
The will of the testator was admitted to probate November 6, 1847, and letters testamentary thereon, issued that day to Terpenning, now the surviving executor, and another. The will gave to Delilah Cole $400, to be paid her by the testator’s two sons, John and Ezekiel (who were the executors), share and share alike, one year and one day after the testator’s decease. The will gave John and Ezekiel severally certain lands on condition that they paid the legacies, etc., and made them residuary legatees, charging them to pay the debts and legacies. Delilah Cole filed a petition…
2Cases cited5 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- Clark v. FordNew York Court of Appeals · 1867
- Smith v. RemingtonNew York Supreme Court · 1864
- House v. AgateNew York Surrogate's Court · 1877
- Robison v. RobisonNew York Supreme Court · 1871