Smith v. Buchanan
New York Surrogate's Court
Decedent died December 1st, 1884. By the first clause of his will, executed June 19th, 1882, he gave his homestead at Cobleskill to his wife, in lieu of dower, during her widowhood, and thereafter to his son Henry, and also gave, in the same way, the library furniture and property therein, with right to the wife to use up all household stores. By the second clause, he gave to his mother during life the use of a house and lot in Cobleskill where she resided.
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Decedent died December 1st, 1884. By the first clause of his will, executed June 19th, 1882, he gave his homestead at Cobleskill to his wife, in lieu of dower, during her widowhood, and thereafter to his son Henry, and also gave, in the same way, the library furniture and property therein, with right to the wife to use up all household stores. By the second clause, he gave to his mother during life the use of a house and lot in Cobleskill where she resided. The 3rd and the 6th clauses of the will were as follows : “ Third. To Charles McLaren, George M. Wright and Charles J. Buchanan all the…
1Opinion of the Court
The Surrogate.
The executors claim that, under § 2736 of the Code of Civil Procedure, they are entitled to three full commissions, to be apportioned among them according to the services rendered by them respectively, and, under § 2562, to their counsel fees and other expenses for settlement of the estate. Their right to three full commissions is challenged by J. Shepard Smith, a devisee and legatee of Fanny S. Rich a daughter of Mr. Smith, who died subsequently to her father.
*173The right to the three full commissions claimed depends upon whether the proceeds of the real estate, accounted for with…
2Cases cited21 opinions
- Vernon v. . VernonNew York Court of Appeals · 1873
- Phelps' v. . PondNew York Court of Appeals · 1861
- Morse v. . MorseNew York Court of Appeals · 1881
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Power v. . CassidyNew York Court of Appeals · 1880
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3Cited by2 opinions
- In re BlakeneyNew York Surrogate's Court · 1889
- In re Turfler's EstateNew York Surrogate's Court · 1892