In Re the Accounting of Tatum
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made May 31, 1901, which affirmed a decree of the Kings County Surrogates’s Court passing the accounts of Charles A. Tatum, as executor of Maria E. Hibbler, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made May 31, 1901, which affirmed a decree of the Kings County Surrogates’s Court passing the accounts of Charles A. Tatum, as executor of Maria E. Hibbler, deceased. The facts, so far as material, are stated in the opinion. It is absolutely necessary that there should be an equitable conversion of the real estate in order to establish the trust for the infant Frederick C. Tatum. (Chamberlain v. Taylor, 105 N. Y. 191; Salisbury v. Slade, 160 N. Y. 281; Lent v. Howard, 89 N. Y. 177; Asche v.…
1Opinion of the CourtGray, J.
This is an accounting by the executor of the will of Maria E. Hibbler, deceased, and a contest has arisen as to the right to a portion of her residuary estate. The testatrix, after making certain dispositions, in the first ten clauses of her will, which are not material to the disposition of the case and need not be' referred to in the discussion, by the eleventh clause disposed of her residuary estate. The clause reads as follows: “ Eleventh. All the rest, residue and remainder of the property and estate, real and personal, of every description and wheresoever situated, of which I may be…
2Cases cited2 opinions
- Hobson v. . HaleNew York Court of Appeals · 1884
- Salisbury v. . SladeNew York Court of Appeals · 1899
3Cited by20 opinions
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- In re the Estate of HarrisNew York Surrogate's Court · 1930
- In re the Estate of JacksonNew York Surrogate's Court · 1930
- In re the Estate of GargiuloNew York Surrogate's Court · 1930
- Phoenix v. Trustees of Columbia CollegeAppellate Division of the Supreme Court of the State of New York · 1903
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