Legal Opinion
In re Accounting of Talmage
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1898PublishedCited by 4 opinions
Appeal by Daniel Tal mage, as executor of the last will and testament of Catherine Elizabeth Swan, deceased, from a decree of the Surrogate’s Court of Queens county, entered in said Surrogate’s Court on the 25th day of February, 1898, directing said executor to pay to the respondents, Clarence Rapelye and Manett Nutt, a legacy contained in the will of his testatrix.
1Opinion of the Court
Cullen, J.:
The following, is the bequest in the will of the testator:
“First. I do give and bequeath unto my sister, Eleanor Day Rapelye, the sum of two thousand dollars, which shall be equally divided between her son and daughter at her death; also all my wearing apparel not otherwise specified; also all the goods and chattels in her possession belonging to me, not otherwise disposed of.”
At the time of the death of the testator some of her moneys were on deposit with the firm of Dan Talmage’s Sons, of which firm the appellant executor was a member. The executor did not withdraw the funds from…
2Cases cited3 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Clay v. . WoodNew York Court of Appeals · 1897
- Livingston v. . MurrayNew York Court of Appeals · 1877
3Cited by4 opinions
- In re Estate of BushnellAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Estate of MerrittNew York Surrogate's Court · 1944
- In re the Estate of CroftsNew York Surrogate's Court · 1924
- In re the Revocation of Letters Testament of BurrNew York Surrogate's Court · 1905