In re the Judicial Settlement of the Accounts of Owen
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Helen Kay and others, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 18th clay of May, 1899, judicially settling the accounts of George B. Owen, as executor, etc., of David F. Beck, deceased, except that portion thereof directing the payment of an allowance to a special guardian appointed in the proceeding, with notice of an intention to bring up for review upon said appeal the…
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Appeal by the contestants, Helen Kay and others, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 18th clay of May, 1899, judicially settling the accounts of George B. Owen, as executor, etc., of David F. Beck, deceased, except that portion thereof directing the payment of an allowance to a special guardian appointed in the proceeding, with notice of an intention to bring up for review upon said appeal the report of the referee before whom the accounting was had, and all proceedings had before him.
1Opinion of the Court
Willard Bartlett, J. :
The history of this case, prior to the present accounting of the executor, is set forth in the opinion of Mr. J ustice Cullen on the appeal admitting the will of David F. Beck to probate. (Matter of Beck, 6 App. Div. 211; affd. on opinion below, 154 N. Y. 750.)
The proceeding which we are now called upon to review is an accounting by George B. Owen, as executor, and the principal question involved is whether he has lost the legacy and devise which he would otherwise take by reason of the fact that he was one of the subscribing witnesses to the will and testified in the…
2Cases cited3 opinions
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1896
- Cornwell v. WooleyNew York Court of Appeals · 1867
- Cornwell v. WoolleyNew York Supreme Court · 1866
3Cited by5 opinions
- In re the Judicial Settlement of the Accounts of BrattNew York Surrogate's Court · 1894
- Calvert v. CalvertCourt of Appeals of Kentucky (pre-1976) · 1925
- In re the Estate of TactkianNew York Surrogate's Court · 1919
- Estate of Zeile, Superior Court of California, County of San Francisco1910
- In re the Judicial Settlement of the Account of Proceedings of MarksAppellate Division of the Supreme Court of the State of New York · 1940