In re the Judicial Settlement of the Account of Proceedings of Warshauer
Appellate Division of the Supreme Court of the State of New York
Appeal by Joseph J. Schiffer, as committee, from so much of a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 8th day of October, 1917, as disallows a claim against the estate amounting to $846.11, filed by the appellant, and as directs the distribution of the estate without providing for the payment thereof.
1Dissent
Page, J. (dissenting in part):
In the 3d paragraph of the codicil to the will of the testator is a clear and emphatic direction to his executors to sell the real estate, and thereby an equitable conversion is accomplished. (Matter of Caldwell, 188 N. Y. 115, 121; Phoenix v. Trustees of Columbia College, 87 App. Div. 438; affd., on opinion below, 179 N. Y. 592.) The property, therefore, represents a fund in the possession of the executor who, of course, should pay all charges incidental thereto. The daughter Carrie B. Schiffer had no right to the property, nor any interest in the real estate as…
2Cases cited6 opinions
- In Re the Accounting of CaldwellNew York Court of Appeals · 1907
- Ball v. MillerNew York Supreme Court · 1858
- Phoenix v. Trustees of Columbia CollegeAppellate Division of the Supreme Court of the State of New York · 1903
- Phoenix v. Trustees of Columbia College, City of N.Y.New York Court of Appeals · 1904
- In re the Judicial Settlement of the Account of Proceedings of DoyleAppellate Division of the Supreme Court of the State of New York · 1917
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