Legal Opinion

In re the Estate of Kemp

New York Surrogate's Court

Decided February 15, 1906Published

Proceeding upon the accounting of an executrix.

1Opinion of the Court

Thomas, S.

The only question litigated between the parties, in this accounting proceeding which is not disposed of by their stipulation is as to whether the executrix should be charged with one-half the amount of a promissory note, forming 'an asset of the estate.

The decedent died ¡November 6, 1899, and letters testamentary on her will were issued on January 4, 1900, to her sister,. Elizabeth Illensworth, and Frank 6. Pownall, the executrix and executor. By the terms of the will her estate was to be divided into four equal parts, one of which was given to Elizabeth Illensworth, her sister; one…

2Cases cited6 opinions

  1. O'Conner v. . GiffordNew York Court of Appeals · 1889
  2. Traders' National Bank v. ParkerNew York Court of Appeals · 1892
  3. Harrington v. . KeteltasNew York Court of Appeals · 1883
  4. In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
  5. McGregor v. . McGregorNew York Court of Appeals · 1866

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