In re the Judicial Settlement of the Account of Proceedings of Ingersoll
Appellate Division of the Supreme Court of the State of New York
Appeal by Horace L. Ingersoll, as executor, etc., of Henry S. Ingersoll, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 20th day of November, 1903, judicially settling the accounts of said executor, as disallows his commissions and charges him personally with the payment of certain costs.
Read the full summary
Appeal by Horace L. Ingersoll, as executor, etc., of Henry S. Ingersoll, deceased, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 20th day of November, 1903, judicially settling the accounts of said executor, as disallows his commissions and charges him personally with the payment of certain costs. Also an appeal by Horace Ingersoll, the next of kin of said deceased, from that portion of the above-mentioned decree which construes the trust created in the 7th clause of the will of Henry S. Ingersoll, deceased.
1Opinion of the Court
Jenks, J.:
The testator directs that one-half of the rest, residue and remainder of his estate tie held in trust, tie invested, and that the income and so much of the principal as shall he deemed necessary tie applied to the education, maintenance and support of his grandnieces and grandnephews. There is no other disposition of such moiety. I thinlc that there is á gift of the principal of that one-half to the said beneficiaries. (Earl v. Grim, 1 Johns. Ch. 494; Paterson v. Ellis, 11 Wend. 260, 298; Smith v. Post, 2 Edw. Ch. 523, 526; Hatch v. Bassett, 52 N. Y. 359, 362; Bishop v. McClelland,…
2Cases cited6 opinions
- Hatch v. . BassettNew York Court of Appeals · 1873
- In Re the Judicial Settlement of the Accounts of SmithNew York Court of Appeals · 1892
- In Re the Judicial Settlement of the Accounts of RutledgeNew York Court of Appeals · 1900
- Earl v. GrimNew York Court of Chancery · 1815
- Smith v. PostNew York Court of Chancery · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re the Final Judicial Settlement of the Accounts of NorthropAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of HarrisNew York Surrogate's Court · 1930
- In re the Judicial Settlement of the Account of Proceedings of DibbleNew York Surrogate's Court · 1912
- In re the Estate of TaftNew York Surrogate's Court · 1932
- In re the Estate of FeldhusNew York Surrogate's Court · 1937
16 more not listed; retrieve them via the Exa API.