In Re the Accounting of Kellogg
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1914, which affirmed a decree of the Hew York County Surrogate’s Court settling the accounts of L. Laflin Kellogg as executor of George H. Morgan, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1914, which affirmed a decree of the Hew York County Surrogate’s Court settling the accounts of L. Laflin Kellogg as executor of George H. Morgan, deceased. The facts, so far as material, are stated in the opinion. The appellant’s renunciation of his trusteeship • was nullified by his subsequent retraction thereof before any estate vested or could properly vest in his co-trustees and he was entitled to receive the residuary bequest jointly with L. L. Kellogg and J. S.…
1Opinion of the CourtMiller, J.
The first question in this case arises upon a bequest in the following words: “ I give and bequeath unto my children, Caroline Lucy Morgan, Junius Spencer Morgan and George Denison Morgan, all my silver, brica-brac and pictures absolutely, to be divided between them as they shall agree among themselves. If, however, they cannot agree as to the division, then the same shall be divided by lot among them, my eldest child being given first choice.” After the death of the testator, the legatees, his three children, met and made a tentative selection of the articles of personal property which each…
2Cases cited9 opinions
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- Earle v. . EarleNew York Court of Appeals · 1883
- Matter of Estate of HoodNew York Court of Appeals · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Estate of AdlerNew York Surrogate's Court · 1937
- In re the Accounting of McDowellNew York Surrogate's Court · 1918
- In re the Accounting & Settlement of the Accounts of McDowellAppellate Division of the Supreme Court of the State of New York · 1917
- Gould v. GouldNew York Supreme Court · 1919
- In re the Judicial Settlement of the Accounts of McDowellNew York Surrogate's Court · 1916
5 more not listed; retrieve them via the Exa API.