Dixon v. Storm
New York Surrogate's Court
Hearing of objections to an executor’s account. The testator’s will, which was proved in 1863, after bequeathing certain legacies, gave to his wife a life estate in the residue of his real and personal property. The eighth clause empowered his executors to sell any of his real estate, on obtaining the written consent thereto of his widow.
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Hearing of objections to an executor’s account. The testator’s will, which was proved in 1863, after bequeathing certain legacies, gave to his wife a life estate in the residue of his real and personal property. The eighth clause empowered his executors to sell any of his real estate, on obtaining the written consent thereto of his widow. The ‘ninth clause read: “All the rest and residue of my estate, real and personal,.....I direct to be disposed of as follows : 1st, I hereby authorize and empower my executors, as soon after the decease of my said wife as may be practicable, to sell and…
1Opinion of the Court
The Surrogate.
At first, I was inclined to think that the legacies, appointed to be paid by the will of Julia Storm, became due only at the time of the final conversion of the real estate, remaining unsold at the time of her death, and that interest was recoverable only from that time ; but on reflection I have come to the conclusion that they became due at her death. The common law rule was that legacies, directly given out of the testator’s own estate, were due one year after the death of the testator; and such is still the rule, the time of payment, only, being changed by our statute (2 H.…
2Cases cited5 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Smith v. . FeltonNew York Court of Appeals · 1871
- Wheeler v. . RuthvenNew York Court of Appeals · 1878
- Bates v. UnderhillNew York Surrogate's Court · 1878
- Haskin v. TellerNew York Surrogate's Court · 1878
3Cited by5 opinions
- Loring v. Massachusetts Horticultural SocietyMassachusetts Supreme Judicial Court · 1898
- In re the Estate of LathersNew York Surrogate's Court · 1930
- In re the Probate of a Paper Propounded as the Last Will & Testament of ParkerNew York Surrogate's Court · 1917
- In re the Judicial Settlement of the Account of HusseyNew York Surrogate's Court · 1910
- In re the Judicial Settlement of the Account of the Peoples Trust Co.New York Surrogate's Court · 1919