Legal Opinion

In re the Judicial Settlement of the Account of De Voe

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1905PublishedCited by 14 opinions

Appeal by James Ebbets and others from three orders of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 16th day of May, 1904, respectively, granting three petitions for advancements on account of distributive shares of the estate of Charles P. Ebbets, deceased, and also from a decree entered in said Surrogate’s Court On the 8th day of June, 1904, directing a final distribution.

1Opinion of the Court

Woodward, J.:

Charles P. Ebbets died on the 21st day of November, 1902, leaving a last will and testament, which was duly admitted to probate. By the terms of said will he devised and bequeathed all his property, *246real and personal, to his brother, Daniel I. Ebbets, who died prior to the death of the testator, so that the latter, for practical purposes, died intestate, and his personal estate is in no wise affected by the terms of the will. The testator left him surviving as his only relatives Ebenezer W. Ebbets, a nephew; W illiam E. Ebbets, a nephew; James Ebbets, a nephew; Rita W. De Voe, a…

2Cases cited1 opinion

  1. In Re the Accounting of DavenportNew York Court of Appeals · 1902

3Cited by14 opinions

  1. In Re the Will of SamsonNew York Court of Appeals · 1931
  2. In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
  3. In re the Transfer Tax upon the Estate of RoweNew York Surrogate's Court · 1918
  4. In Re the Probate of the Will of ButterfieldNew York Court of Appeals · 1914
  5. In re the Final Judicial Settlement of the Accounts of McMillanAppellate Division of the Supreme Court of the State of New York · 1908

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