Legal Opinion
In re the Final Judicial Settlement of the Accounts of Northrop
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1922PublishedCited by 24 opinions
Appeal by Dora Owens and others from a decree of the Surrogate’s Court of the county of Dutchess, entered in the office of said Surrogate’s Court on the 28th day of June, 1921, construing the 3d clause of the last will and testament of Smith J. Sackett, deceased, said will having been admitted to probate in Dutchess county on September 29, 1919.
1Opinion of the Court
Manning, J.:
The will reads as follows:
“ Last Will and Testament.
“ I, Smith J. Sackett of the Town of Pine Plains in the County of Dutchess and State of New York, being of sound mind and memory, do make, publish and declare this is my last Will and Testament in manner following that is to say:
“ First. I direct that all my just debts and funeral expenses be paid.
“ Second. I will and bequeath to my nephew Homer Thompson five thousand dollars ($5,000) to pay a mortgage on a farm which I deed to him; if said mortgage should be paid this I revoke.
“ Third. The balance of my residue to be divided…
2Cases cited11 opinions
- Cammann v. . BaileyNew York Court of Appeals · 1913
- Hatch v. . BassettNew York Court of Appeals · 1873
- In Re the Judicial Settlement of the Accounts of SmithNew York Court of Appeals · 1892
- In re the Judicial Settlement of the Account of Proceedings of GoldmarkAppellate Division of the Supreme Court of the State of New York · 1919
- Earl v. GrimNew York Court of Chancery · 1815
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In re the Estate of FrayerNew York Surrogate's Court · 1935
- In re the Estate of HarrisNew York Surrogate's Court · 1930
- In re the Estate of WildenburgNew York Surrogate's Court · 1940
- In re the Estate of LoomisNew York Surrogate's Court · 1935
- In re the Accounting of deVaronaAppellate Division of the Supreme Court of the State of New York · 1948
19 more not listed; retrieve them via the Exa API.