In re the Estate of Miller
New York Surrogate's Court
Petition of Eliza Banks, a legatee under the will of Adam Miller, deceased, to compel Charles Q. Miller, the executor, to judicially settle his accounts, and pay her the legacy to which she is entitled under the will. During the proceedings brought by this legatee the question arose as to whether or not the executor had rejected a certain claim of one E. M. Spink, a creditor of testator. .
1Opinion of the Court
The Surrogate.
It appears that the deceased made his will dated July 17, 1883, which was probated April 27, 1885, and appointed his son, Charles A. Miller, sole executor. ...
■ The deceased left him surviving three children, said Charles A. Miller, Ann Eliza Banks and Esther E. Reed, and his widow, Eliza Miller. He gave his en-: tire estate, valued at about $5,000 to his said three children, share and share alike, giving nothing to his widow. By a written agreement between the widow and his three children,” the widow is to have one fourth of his estate and the. children each one fourth..
A…
2Cases cited3 opinions
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Kidd v. Chapman & DanielsNew York Court of Chancery · 1847
- Barsalou's CaseNew York Surrogate's Court · 1857
3Cited by1 opinion
- Van Zandt v. Van ZandtNew York Supreme Court · 1889