Trustees of Harvard College v. Quinn
New York Surrogate's Court
Upon a final accounting by the executors, objections were filed on behalf of Harvard College to the account as rendered by John Quinn, one of the executors, in that it appeared .therefrom that a legacy to the Sister Gertrude Paul, had been paid in full, while the will gave her no preference over the legacy to the objector, and that a legacy to the Holy Cross had been paid in full, while it was not entitled to a preference over that of the objector.
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Upon a final accounting by the executors, objections were filed on behalf of Harvard College to the account as rendered by John Quinn, one of the executors, in that it appeared .therefrom that a legacy to the Sister Gertrude Paul, had been paid in full, while the will gave her no preference over the legacy to the objector, and that a legacy to the Holy Cross had been paid in full, while it was not entitled to a preference over that of the objector. The New York Catholic Protectory for boys, and the New York Catholic Protectory for girls, legatees, filed objections to the same executor’s…
1Opinion of the Court
The Surrogate.
The questions presented for determination are. First, whether the executor had the right to pay Sister Gertrude her $10,000 legacy, and Sister Mary Alp her $4,000 legacy in full, in preference to those legatees objecting to the account, by reason of a preference given by the terms of the will. Second. If not thus preferred whether the executor is chargeable with the overpayment, having paid them in full upon the presumption that there would be ample assets to pay all the legatees of that class.
It will be observed that by the 4th clause of the will $35,000 was to be set aside for…
2Cited by6 opinions
- In re the Judicial Settlement of the Account of Proceedings of LlyodAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Accounting of RobertsonAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Account of BialostoskyNew York Surrogate's Court · 1899
- In re the Estate of CarpenterNew York Surrogate's Court · 1935
- In re the Estate of JohnstonAppellate Division of the Supreme Court of the State of New York · 1918
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