In re the Judicial Settlement of the Account of the Executors of Clemans
New York Surrogate's Court
Accounting by the executors of Moses S. Clemans, deceased.
1Opinion of the Court
The Surrogate.
The above named decedent died March 12, 1888, leaving a will dated January 21, 1880, which has been duly admitted to probate. The will first directs the payment of debts, and then devises to different members of testator’s family seven distinct parcels of land. Then comes the ninth and last dispositive clause, which is as follows, viz.:
Ninth: “ From my personal property the debts are *238to be paid and funeral expenses, then if there shall be a monument erected at my grave costing not less than $500, to be for the executors to decide the amount if greater than $500, then if anything…
2Cases cited3 opinions
- Bradner v. . FaulknerNew York Court of Appeals · 1866
- Pratte v. Coffman'sSupreme Court of Missouri · 1858
- Dennett v. HopkinsonSupreme Judicial Court of Maine · 1873