! REPORTS OF CASES 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, 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. TABLE OF CASES REPORTED IN THIS VOLUME. ABBEY V. AYMAR. Construction of will. Gift in remainder 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 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 BERRIEN, MATTER OF... 136 362 433 263 BIGGS v. ANGUS. Revocation of will, executed in tripli- ferred pecuniary legacies, with peculiar directions for 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 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 606 30 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 |