In Re the Judicial Settlement of the Accounts of Blauvelt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 2, 1891, which affirmed a judgment entered upon a decree of the surrogate of Rockland county.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 2, 1891, which affirmed a judgment entered upon a decree of the surrogate of Rockland county. In a proceeding for the settlement of the account of the executrices of Isaac I. Blauvelt, deceased, the following facts appeared: Isaac I. Blauvelt died in 1861, leaving him surviving a widow and two daughters, all of whom were made executrices of his will. One of the daughters renounced the office of executrix and never acted as such. There were no debts. The will gave to…
1Opinion of the CourtPeckham, J.
We have no doubt that the widow took but a life estate in the property of her husband under his will. The permission and authority given to her in such will to sell and dispose of the real estate of the testator, “ as to her shall seem just,” when taken in connection with other provisions of the will, plainly restrict her power in the proceeds arising from the sale of such real estate to that of a life tenant only. The proceeds take the place of the realty, and are held by the same tenure. The will disposed of the entire estate of the testator after the death of the widow.
The surrogate and…
2Cases cited3 opinions
- Matter of Petition of CampNew York Court of Appeals · 1891
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Bruen v. . GilletNew York Court of Appeals · 1889
3Cited by15 opinions
- Hodgman v. CobbAppellate Division of the Supreme Court of the State of New York · 1922
- Vincent v. PutnamNew York Supreme Court · 1926
- Canfield v. FallonAppellate Division of the Supreme Court of the State of New York · 1899
- Kent v. FiskAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Final Judicial Settlement of the Account of Proceedings of VictorinNew York Surrogate's Court · 1927
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