In re the Judicial Settlement of the Accounts of Viele
Appellate Division of the Supreme Court of the State of New York
Appeal by Platt B. Viele and John M. Davy, as surviving executors, etc., of Michael Filón, deceased, from so much of a decree of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 7th day of March, 1898, as directs them to pay to the executors of Mary E. Filón, deceased, $1,110.54, being one-fourth of the net income of the trust estate accruing between January 21, 1897, the date of the death of Mary E. Filón,, and January 1, 1898, the…
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Appeal by Platt B. Viele and John M. Davy, as surviving executors, etc., of Michael Filón, deceased, from so much of a decree of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 7th day of March, 1898, as directs them to pay to the executors of Mary E. Filón, deceased, $1,110.54, being one-fourth of the net income of the trust estate accruing between January 21, 1897, the date of the death of Mary E. Filón,, and January 1, 1898, the date of the accounting.
1Opinion of the Court
Follett, J.:
July 13, 1893, Michael Filón died at the city of Rochester, leaving a last will and testament, which was duly probated September 26, 1893, by the surrogate of the county of Monroe, and letters testamentary issued thereon to Mary E. Filón, Platt B. Yiele and John M. Davy, the executors nominated in the will. The testator left no-descendants, but left a widow and nephew and nieces, who were his heirs and next of kin. The testator by the first eighteen clauses of his-will made various devises and bequests. The 19th and 21st clauses,, over which this controversy arises, are as follows:
2Cases cited5 opinions
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- Verplanck v. TompkinsNew York Court of Appeals · 1898
- Montanye v. MontanyeAppellate Division of the Supreme Court of the State of New York · 1898
- Kelly v. CaseyNew York Supreme Court · 1891
- Goodridge v. ConnorCity of New York Municipal Court · 1883
3Cited by4 opinions
- Matter of Ossman v. . Von RoemerNew York Court of Appeals · 1917
- In re the Estate of DimondNew York Surrogate's Court · 1930
- Dana v. SeibertNew York Supreme Court · 1918
- Shuler v. ShulerNew York Supreme Court · 1909