In re the Judicial Settlement of the Account of Dudley M.
New York Surrogate's Court
Proceedings were instituted for a judicial settlement of the account of the executors of Morris Franklin, deceased. The widow, who was executrix, died before the commencement of the proceedings. The testator died October 22, 1885, being seized of real property in the town of Flushing, and the assessors of that town had assessed such property to him on their rolls. The tax-rolls were made out and confirmed by the board of supervisors after his death.
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Proceedings were instituted for a judicial settlement of the account of the executors of Morris Franklin, deceased. The widow, who was executrix, died before the commencement of the proceedings. The testator died October 22, 1885, being seized of real property in the town of Flushing, and the assessors of that town had assessed such property to him on their rolls. The tax-rolls were made out and confirmed by the board of supervisors after his death. The testator left personal property largely invested in interest-bearing securities. Among these securities was a bond and mortgage against one…
1Opinion of the CourtMoore, J.
acting as Surrogate — The contestants filed objections to the account of the executors as filed, and thereafter counsel for executors and counsel for the contestants filed a written stipulation .reducing the issues to be determined. No testimony was taken. The stipulation submits four questions which were argued at length.
First: Were the taxes of the year 1885 a debt of the testator ?
Second: Are the executors entitled to more than one full commission for compensation under section 2730?
Third: Did the testator intend that his widow should take accruing rents and interest of his residuary…
2Cases cited4 opinions
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Matter of HunNew York Court of Appeals · 1895
- In re Kenworthy's EstateNew York Supreme Court · 1892
- Miller v. CrawfordNew York Supreme Court · 1891
3Cited by2 opinions
- In re the Estate of Mart E.New York Surrogate's Court · 1906
- In re the Estate of KarlAppellate Division of the Supreme Court of the State of New York · 1999