In Re the Final Accounting of Kernochan
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 18, 1886, which affirmed a decree of the surrogate of the county of New York on final accounting of the executors of the will of John N. Marshall, deceased. The facts, so far as material to the questions discussed, are stated in the opinion.
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Cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 18, 1886, which affirmed a decree of the surrogate of the county of New York on final accounting of the executors of the will of John N. Marshall, deceased. The facts, so far as material to the questions discussed, are stated in the opinion. Cash dividends declared during a life tenancy from accumulated earnings, or profits, belong to the life tenant, whether such dividends be large or small. (Woodruff's Estate, 1 Tucker, 58; Clarkson v. Clarkson, 18 Barb.…
1Opinion of the CourtDanforth, J.
This is an appeal from a judgment of the Supreme Court, affirming a decree of the surrogate of the county of Hew York, on a judicial settlement of the account of the executors of John E. Marshall, deceased. The account was objected to by several of the parties interested, and with the objections, sent to a referee to hear and determine. Hpon the coming in of his report, it was in substance confirmed by the surrogate, and upon appeal to the General Term, his decision was affirmed. All parties claim under the will of Mr. Marshall, and the principal questions now raised concern the rights of the…
2Cases cited1 opinion
- Hyatt v. . AllenNew York Court of Appeals · 1874
3Cited by78 opinions
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- In Re the Accounting of OsborneNew York Court of Appeals · 1913
- McLouth v. . HuntNew York Court of Appeals · 1897
- Hite's Devisees v. Hite'sCourt of Appeals of Kentucky · 1892
- Equitable Trust Co. v. PrenticeNew York Court of Appeals · 1928
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