In Re the Judicial Settlement of the Account of Moehring
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1897, affirming a decree of the Surrogate’s Court of the city and county of New York.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 23, 1897, affirming a decree of the Surrogate’s Court of the city and county of New York. The decree settled the account of Maria B. Moehring, as executrix of William G. Moehring, and directed the funds in her hands belonging to the estate of Sophie Moehring to be paid over to the chamberlain of the city of New York, unless an administrator with the will annexed of that estate should be appointed within sixty days. In this proceeding the appellant made an application for an order…
1Opinion of the CourtMartin, J.
The facts in this case are undisputed. The only question involved is whether the appellant was entitled to an order or decree directing the payment or transfer to her of the funds or securities in the hands of the executrix belonging to the estate of Sophie Moehring, deceased. That question depends for its solution upon two propositions: First, whether, under the will of Sophie Moehring, the appellant acquired an absolute title to the residuary estate, and, if so, second, whether the surrogate was required to make a decree directing the transfer and delivery of the property to her.
By her will…
2Cases cited7 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Mills v. . HussonNew York Court of Appeals · 1893
- Deegan v. . WadeNew York Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- City Bank Farmers Trust Co. v. CannonNew York Court of Appeals · 1943
- In re the Estate of HarrimanNew York Surrogate's Court · 1924
- In Re the Appraisal Under the Transfer Tax Act of the Estate of CookseyNew York Court of Appeals · 1905
- In re the Estate of IrvinAppellate Division of the Supreme Court of the State of New York · 1902
- Bushe v. WrightAppellate Division of the Supreme Court of the State of New York · 1907
43 more not listed; retrieve them via the Exa API.