In re Judicial Settlement of the Accounts of Russell
Appellate Division of the Supreme Court of the State of New York
Appeal by Euphemia D. Russell and James R. Hogg, as executors, etc., of J ames Russell, deceased, and others from a decree of the Surrogate’s Court of the county of Westchester, entered in said'Surrogate’s Court on the 2d day of October, 1900, settling the accounts of said executors, and also from an order entered in said Surrogate’s Court on the 23d day of January, 1899, directing said accounting.
1Opinion of the Court
Hirschberg, J.:
The question presented on this appeal is whether in the case of a “ devise,” in terms, not of real estate but of the proceeds of its sale, the subject of the gift on the death of the devisee, after the testator but before the execution of a naked power of sale conferred upon the executors, is to be regarded for the purposes of devolution as real or as personal estate.
The will of the testator, J ames Russell, contains the following clauses:
“ Sixth. All the rest, residue and remainder of my personal estate and the net proceeds of the sales of the rest, residue and remainder of my…
2Cases cited19 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Manice v. . ManiceNew York Court of Appeals · 1871
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Smith v. . EdwardsNew York Court of Appeals · 1882
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3Cited by3 opinions
- In re the Estate of HammondAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Judicial Settlement of the Account of HazeltonNew York Surrogate's Court · 1912
- In re the Judicial Settlement of Account of FaileNew York Surrogate's Court · 1906