In re the Judicial Settlement of the Account of Tatum
Appellate Division of the Supreme Court of the State of New York
Appeal by Frederick D. Preston, as administrator, etc., of Anna H. Preston, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 11th day of March, 1901, in so far as it overruled the objections filed by him and settled and adjusted the account of Charles A. Tatum,, as executor, etc., of Maria E. Hibbler, deceased, and confirmed and ratified the payment by said executor to. himself, as father and heir at law of…
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Appeal by Frederick D. Preston, as administrator, etc., of Anna H. Preston, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 11th day of March, 1901, in so far as it overruled the objections filed by him and settled and adjusted the account of Charles A. Tatum,, as executor, etc., of Maria E. Hibbler, deceased, and confirmed and ratified the payment by said executor to. himself, as father and heir at law of Anna H. Preston, of a portion of the net proceeds of sale and rents of the real estate of which said Maria E. Hibbler,…
1Opinion of the Court
Jems, J.:
It is necessary to set out only the 11th and 13th paragraphs of the will:
“ Eleventh. All the rest, residue and remainder of the property and estate, real and personal, of every description and wheresoever situated, of which I may be seized or possessed, or to which I may be entitled, at the time of my decease, I give, devise and bequeath unto my grandchildren, Anna H. Tatum, Albert H. Tatum and Frederick 0. Tatum, children of my deceased daughter, Alice H. Tatum, for their own use and benefit forever, share and share alike. But if any of my grandchildren hereinbefore named shall not…
2Cases cited5 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Delafield v. . BarlowNew York Court of Appeals · 1887
- Salisbury v. . SladeNew York Court of Appeals · 1899
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Miller v. BradishSupreme Court of Iowa · 1886
3Cited by10 opinions
- Goggans v. SimmonsCourt of Appeals of Texas · 1958
- State v. FinneySupreme Court of Kansas · 1935
- Burdine v. WhiteCourt of Appeals of Kentucky · 1917
- Estate of Plich v. American National BankSupreme Court of Colorado · 1960
- Sims v. McMullanCourt of Appeals of Texas · 1929
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