In re the Judicial Settlement of the Account of Reynolds
Appellate Division of the Supreme Court of the State of New York
Appeal by Harry Peckham, an infant, by bis special guardian, Leonard A. Govern, from a decree of the Surrogate’s Court of the county of Delaware, entered in the office of the clerk of said court on the 5th day of February, 1921, judicially settling the accounts of Arthur S. Reynolds, as executor of Etta Fredenburgh Burcham, as executrix of David Fredenburgh, deceased.
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Appeal by Harry Peckham, an infant, by bis special guardian, Leonard A. Govern, from a decree of the Surrogate’s Court of the county of Delaware, entered in the office of the clerk of said court on the 5th day of February, 1921, judicially settling the accounts of Arthur S. Reynolds, as executor of Etta Fredenburgh Burcham, as executrix of David Fredenburgh, deceased. After providing for the payment of his just debts and funeral expenses the testator devised to bis wife in the first of three items marked “ Second,” “ all of my real estate and personal property of every kind and description of…
1Opinion of the Court
John M. Kellogg, P. J.:
The surrogate has determined that under the will of the testator his widow had a vested title to the real and personal property, subject only to the conditions mentioned in first two items marked “ second.” (See Matter of Fredenburg, 114 Misc. Rep. 299.) Concededly, the first of the three items marked “ Second ” gives' to her, if standing alone, such title. The third of the items marked “ Second ” provides, if the wife dies before any of the children arrive at the age of twenty-one, that all of bis property be sold and the proceeds divided into four equal shares which…
2Cases cited1 opinion
- In re the Judicial Settlement of the Account of ReynoldsNew York Surrogate's Court · 1921
3Cited by1 opinion
- In re the Estate of GouldNew York Surrogate's Court · 1932