Legal Opinion

In re the Judicial Settlement of the Account of Lott

New York Surrogate's Court

Decided December 15, 1909PublishedCited by 1 opinion

Proceeding for the judicial settlement of the accounts of executors.

1Opinion of the Court

Ketcham, S.

This is a proceeding for the judicial settlement of the accounts of executors. Under the will of the testator, his wife was the sole beneficiary. The wife has died, leaving a will which contains specific and residuary gifts. Both testators died under circumstances which make necessary this inquiry to determine whether, by the wife’s survival of her husband, his estate vested in her and passed in turn from her by her *340will, or, by her failure to outlive her husband, his estate became subject to the laws relative to intestacy.

The account concerns personalty only, and the conflict is…

2Cases cited6 opinions

  1. In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
  2. Newell v. . NicholsNew York Court of Appeals · 1878
  3. Young Women's Christian Home v. FrenchSupreme Court of the United States · 1903
  4. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
  5. In re the Judicial Settlement of the Account of McInnesAppellate Division of the Supreme Court of the State of New York · 1907

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3Cited by1 opinion

  1. In re the Estate of StrongNew York Surrogate's Court · 1939

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