Burtis v. Dodge
New York Court of Chancery
This was an appeal by one of the six residuary legatees of J. Burtis, deceased, from the sentence or decree of a surrogate, upon the final settlement of the account of the acting executor. The principal ground of complaint, stated in the petition of appeal, was that the executor had not been charged with interest upon the balance in his hands, belonging to the appellant.
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This was an appeal by one of the six residuary legatees of J. Burtis, deceased, from the sentence or decree of a surrogate, upon the final settlement of the account of the acting executor. The principal ground of complaint, stated in the petition of appeal, was that the executor had not been charged with interest upon the balance in his hands, belonging to the appellant. But the appellant also assigned for error, in the items of the account, that the surrogate had allowed the executor $22,50 paid to the daughter-in-law of the testator, which was an over payment beyond the amount of her…
1Opinion of the Court
The Chancellor. I think the surrogate was right in supposing that the acting executor ought not to be charged with interest, on the amount duo to the appellant as one of the residuary legatees.^ The whole of the estate which came to the hands *89of the acting executor, including the $3000 which one of the daughters received in the farm at a valuation, was something more than $18,000; of which each residuary legatee was entitled to receive less than $500, after the whole estate should have been collected and converted into money so as to be properly distributable among them. Within about one year…
2Cited by11 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Seaman v. . WhiteheadNew York Court of Appeals · 1879
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- In re the Judicial Settlement of the Account of KobbeAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Judicial Settlement of the Account of KreidlerNew York Surrogate's Court · 1910
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