In re the Judicial Accounting of Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by Julia A. Betts, as residuary legatee under the will of David C. Smith, deceased, from a decree of the Surrogate’s Court of Suffolk county, entered in said Surrogate’s Court on the 15th day of June, 1900, judicially settling the accounts of Charles R. Smith, as executor of the said David C. Smith, deceased.
1Opinion of the Court
Hirschberg, J.:
The entire estate of the deceased amounted to only $2,410, and. the executor has expended the sum of $1,050 for a monument and the expenses incidental to lettering, setting and fencing it. The excuse presented for this extravagant outlay is that the wishes of the *340testator, as expressed in the will and during his lifetime, could not be carried out for less money.
In determining the testator’s wishes we are limited to the language of the will. The will being entirely clear and unambiguous in its terms, there was neither necessity nor justification for resorting to extrinsic…
2Cases cited2 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- In re HumfrevilleAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- In re the Judicial Settlement of the Account of Proceedings of ArrowsmithAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of DerryNew York Surrogate's Court · 1936
- In re the Estate of MeekNew York Surrogate's Court · 1920
- In re the Estate of CollinsNew York Surrogate's Court · 1935
- In re the Estate of ThompsonNew York Surrogate's Court · 1934
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