Imágenes de páginas
PDF
EPUB

!

REPORTS OF CASES

[ocr errors]

ARGUED AND DETERMINED

IN THE

SURROGATES' COURTS

OF THE

STATE OF NEW YORK.

BY

THEODORE F. C. DEMAREST.

VOL. III.

NEW YORK:

BANKS & BROTHERS, LAW PUBLISHERS,
No. 144 NASSAU STREET.

ALBANY, N. Y. :

Nos. 473, 475 BROADWAY.

1885.

Entered according to Act of Congress, in the year One Thousand Eight Hundred and Eighty-five,

BY BANKS & BROTHERS,

in the Office of the Librarian of Congress, at Washington.

[ocr errors][merged small]

TABLE OF CASES REPORTED

IN THIS VOLUME.

ABBEY V. AYMAR. Construction of will. Gift in remainder
to issue of A., "in case A. shall die" leaving issue, etc.,
enures to benefit of issue of A., though he was dead at
time of execution of will.....
ALEXANDER V. POWELL. Construction of will. When deemed

Page

400

to contain an express direction that mortgages on decedent's realty be satisfied out of the personal estate ..... 152 ALKER, KOCH V....

ALLEN V. ALLEN. Allowance to administratrix of disbursement for mourning apparel of decedent's widow; also for purchase of cemetery lot, mortuary monument and disinterment and reburial of decedent's remains....

AMSDELL, TURNER v.

Testamentary trustees' commis

148

524

19

ANDREWS v. GOODRICH.

sions, how computed. Limitation of allowance, where full statutory rate has been once awarded....

245

ANGUS, BIGGS v..

93

ASINARI V. BANGS. Revocation of will executed in duplicate effected by destruction of one of the two identical

[blocks in formation]

BEEKMAN V. VANDERVEER.

Who are necessary parties to an

application to compel executors or trustees to pay to widow sum equal to her dower interest. where creditors' rights are affected. Widow, who has accepted legacy under husband's will, in lieu of dower, though preferred

Page

to gratuitous legatees, is postponed to creditors of husband, where there is a deficiency of assets. ....... 221, 619 BENEDICT, COOPER v...

BENEDICT v. COOPER. Jurisdiction over infant party gained
by due service of citation; effect of omission to appoint
guardian ad litem. Who may be referee in proceedings
in Surrogate's court...
BENNETT, CARR v......

BERRIEN, MATTER OF...

136

362

433

263

BIGGS v. ANGUS. Revocation of will, executed in tripli-
cate, held to be effected by formal written revocation
inscribed upon two of the three identical instruments... 93
BLISS v. OLMSTEAD. Construction of will bequeathing pre-

ferred pecuniary legacies, with peculiar directions for
their satisfaction out of bonds and securities belonging
to decedent......

273

BOARD OF MISSIONS v. SCOVELL. Construction of will. Latent ambiguity. Defective designation of corporate legatees. Jurisdiction of Surrogate's court........... 516 BOLLES v. BACON. Construction of will, upon judicial settlement of executor's account. Legacy to A., "to have and to hold to him, his heirs and assigns forever," lapses by death of legatee before that of testator. Buying off contestants of will......

43

BOOTH v. TIMONEY. Probate of will executed in another state, by a resident thereof, dying therein. Lex domicilii applied. What is a "signing," in the state of New Jersey....... 416 BRESLIN v. SMYTH. Limits of authority of Surrogate's court over executor or administrator after revocation of his letters. Effect of judgment thereafter rendered against him......

BRUNS, KEATING v....

BUCHAN V. RINTOUL. Construction of will. Who are "legal heirs of the estate." Clause held void for impenetrable obscurity.....

BUDLONG v. CLEMENS. Requisites of pleadings on creditor's application to compel payment of claim against decedent's estate. Attorney's claim, for professional services rendered to executor, is against latter personally....

251

233

353

145

BURKHALTER V. NORTON. Debt owing by insolvent administrator to his decedent, how treated in inventory and account...

CADMUS v. OAKLEY. One named as legatee in contested will, when incompetent, under Code Civ. Pro., § 829, to testify in support of will, as to transactions, etc., with decedent......

CAMP, RANK V.

Page

610

324

278

CARR V. BENNETT.

Interest on legacy to adult married

daughter of testator for life, with remainder over, held to commence at expiration of one year after testator's death.....

433

[blocks in formation]

CLUFF v. TOWER. Application to Surrogate's court, to vacate decree, properly instituted by motion or order to show cause....

253

COBB v. MCCORMICK. Interest on legacy, when waived by
acquiescence of legatee in non-payment..
COLLINS v. WAYDELL. Statute of limitations. Right of
legatee to compel accounting, with a view to procure
payment of legacy, not barred before executors' account
has been judicially settled.

606

30

[blocks in formation]

COOPER v. BENEDICT. Revocation of probate of will. Bur

den of proof is on respondent. Will revoked for failure of memory....

136

CORTWRIGHT, MATTER OF.

13

CURTIS v. WILLIAMS. Requisites of official bond of administrator with will annexed, under Code Civ. Pro., §§ 2645, 2667.....

63

DARDEN, MORGAN v.....

203

DOCK, SAW MILL Co. v...

55

« AnteriorContinuar »