In Re the Judicial Settlement of the Accounts of Huss
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a decree of the surrogate of Westchester county upon an accounting by the executor of the last will and testament of Sebastian Gehrig, ■deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a decree of the surrogate of Westchester county upon an accounting by the executor of the last will and testament of Sebastian Gehrig, ■deceased. The facts, so far as material, are stated in the opinion. The court was bound to decide the case according to the undisputed evidence, and a failure to do so was an error of law for which the judgments below should be reversed. (Plyer v. German, 121 N. Y. 692; Lomer v. Meeker, 25 id. 361; Kelly…
1Opinion of the CourtGray, J.
The testator gave one-fourth of his residuary estate to the Community of .Hochhausen, a municipality situated in the Grand Duchy of Baden, a state of the German Empire, and the question raised upon the settlement of the accounts,of his executor was whether it has legal capacity to take its distributive share of the personal estate; no claim being made Upon the realty. The surrogate decreed adversely to the claim of the legatee, his decree reciting that the proofs were insufficient to allow it to take any of the property, or to be a legatee under the laws of this state. This decree has been…
2Cases cited5 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Harryman v. RobertsCourt of Appeals of Maryland · 1879
- People v. CalderMichigan Supreme Court · 1874
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- Hope v. . BrewerNew York Court of Appeals · 1892
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- MacRae ex rel. MacRae v. Chelsea Fibre MillsAppellate Division of the Supreme Court of the State of New York · 1911
- Estate v. American Trust Co.California Court of Appeal · 1951
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