In Re the Judicial Settlement of the Accounts of James
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of May, 1894, which modified, and affirmed, as modified, a decree of the surrogate of Putnam county settling the account of Julia L. Butterfield, as executrix of the last will and testament of Frederick P. James, deceased. Upon the accounting of the executrix of Hr.
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Cross-appeals from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of May, 1894, which modified, and affirmed, as modified, a decree of the surrogate of Putnam county settling the account of Julia L. Butterfield, as executrix of the last will and testament of Frederick P. James, deceased. Upon the accounting of the executrix of Hr. James’ will, various objections were filed on the part of his heirs and next of kin to the accounts. He "left the following will; which had been dictated by him a few years before his…
1Opinion of the CourtGray, J.
The first of the questions we shall consider is one which arises upon the appeal of the executrix. She made a personal claim, amounting to $127,123.16, which the surrogate allowed; but which the General Term, upon appeal, disallowed. The facts upon which it was based are these: In 1879, a few years before the death of Mr. James, he executed and delivered to his wife two bonds; one of which was conditioned for the payment of $43,920, one year after date, and the other for the payment of $30,720, one year after date. Both bonds bore interest and were secured by mortgages upon lands in the state…
2Cases cited8 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Woodward v. . JamesNew York Court of Appeals · 1889
- Harris v. . ClarkNew York Court of Appeals · 1849
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Robinson v. . MartinNew York Court of Appeals · 1910
- Cammann v. . BaileyNew York Court of Appeals · 1913
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
- In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
- Rodgers v. . ClementNew York Court of Appeals · 1900
56 more not listed; retrieve them via the Exa API.