Matter of Accounting of Mason
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Gourt, in the fourth judicial department, entered upon an order made May 30, 1884, which affirmed a decree of the surrogate of Ontario county, settling the accounts of Francis O. Mason and others, as trustees, under the will of John Post, deceased. Said testator died in September, 1874, possessed of a large personal estate, and leaving a will, the provisions whereof, so far as material, are as follows: “ First.
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Appeal from judgment of the General Term of the Supreme Gourt, in the fourth judicial department, entered upon an order made May 30, 1884, which affirmed a decree of the surrogate of Ontario county, settling the accounts of Francis O. Mason and others, as trustees, under the will of John Post, deceased. Said testator died in September, 1874, possessed of a large personal estate, and leaving a will, the provisions whereof, so far as material, are as follows: “ First. It is my will, and I direct that all of my just debts and expenses of executing this will be first paid out of my estate.” “…
1Opinion of the CourtEarl, J.
The opinion of the surrogate in this case is so able and satisfactory that a brief expression of our views is sufficient for the present purpose.
First. The nineteenth clause of the will is as follows: “ All the rest, residue and remainder of my estate, real and personal, not hereinbefore disposed of, I give, devise and bequeath unto my friends Alonzo Wynlcoop, Bradley Wynlcoop and Francis O. Mason, who are hereinafter mentioned as the executors of this my will, in equal shares.” The claim is made on behalf of'the appellants that this bequest was made to the executors as a compensation for the…
2Cases cited3 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Matter of Petition of AllenNew York Court of Appeals · 1884
- Ogden v. . MurrayNew York Court of Appeals · 1868
3Cited by46 opinions
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
- In Re the Final Accounting of SelleckNew York Court of Appeals · 1888
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