In re Metcalfe
New York Surrogate's Court
Application to compel an accounting by an executor. Robert H. M. Dawborn, an heir of the deceased, claiming to be interested in her estate under her last will and testament, cited said executor to show cause why he should not render an. •account.
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Application to compel an accounting by an executor. Robert H. M. Dawborn, an heir of the deceased, claiming to be interested in her estate under her last will and testament, cited said executor to show cause why he should not render an. •account. On the return day of the citation he claimed to show cause, which was to the effect that all of the estate, except some •specific bequests which the legatees had received, belonged to' .him by virtue of the will, under its first clause, which reads, as follows: “After all my lawful debts are paid, I give to my husband, George Metcalfe, the use of all…
1Opinion of the Court
Gorkin, S.
It is well settled that the surrogate has jurisdiction to construe a will on accounting, and this is such a proceeding.
The will gives the use of all the property, real and personal, to the husband, in effect, for life. It does not, either in terms or by ■fair inference, give him the property, but only its use. It does not “ leave ” it to him to be enjoyed by him for his sole use and benefit, as in the case of Campbell v. Beaumont, 91. N. Y. 464, cited by the executor’s counsel, nor can we anywhere gather from the will any such intention. It cannot be pretended that the title to the…
2Cases cited5 opinions
- Spann v. Erie Boatman's Transp. Co.New York Supreme Court · 1895
- In re the Estate of SchweigertNew York Surrogate's Court · 1896
- Baldwin v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- In re Proving the Last Will & Testament of BogartAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Revocation of Probate of the Last Will of De HaasNew York Surrogate's Court · 1898
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- Love v. WalkerOregon Supreme Court · 1911