In re the Judicial Settlement of the Account of Gurlitz
New York Surrogate's Court
Proceeding upon the judicial settlement of the account of a sole surviving executor.
1Opinion of the Court
Fowler, S.
This is an involved case and unraveling it has occasioned some perplexity to the surrogate. Two questions arise upon this accounting. The first question relates to the construction of the will; it is, Does the property which is accounted for pass under the fifth paragraph or clause of the will of testatrix, or under the sixth paragraph or clause, as a part of the residuary estate? The second question arises only in the event that it shall be found that the sixth clause is operative. Then it becomes necessary to determine the effect of a certain assignment by the residuary legatee.
It…
2Cases cited10 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
- The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
- In re CoughlinAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by5 opinions
- Farmers' Loan & Trust Co. v. WinthropAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- Sussman v. SussmanAppellate Division of the Supreme Court of the State of New York · 1978
- In re the Estate of VoughtNew York Surrogate's Court · 1973
- In Re Estate of Thornton C. LandNew Jersey Superior Court Appellate Division · 1968