REPORTS OF CASES ARGUED AND DETERMINED IN THE SURROGATES' COURTS OF THE STATE OF NEW YORK. BY THEODORE F. C. DEMAREST. VOL. I. NEW YORK: BANKS & BROTHERS, LAW PUBLISHERS, No. 144 NASSAU STREET. ALBANY, N. Y.: Nos. 473, 475 Broadway. 1883. ct Entered according to Act of Congress, in the year One Thousand Eight Hundred and Eighty-three, BY BANKS & BROTHERS, In the Office of the Librarian of Congress, at Washington. Rec. Dec. 1, 1883 TABLE OF CASES REPORTED IN THIS VOLUME. ADRIANCE, SCOFIELD v. ANNETT, TRASK v.... ARTHUR v. NELSON. Assignment of securities by executors, to consti- BALLARD, LARABEE v... PAGE 196 171 337 452 498 BALLARD. CHARLESWORTH. When executor's circumstances "afford adequate security" for the due administration of the estate....... 501 BARKER 7. SMITH. Conversion of stock by executor. Measure of damages... 290 BATCHELOR v. BATCHELOR. Practice on application for letters of administration with will annexed.... 209 BAUER V. KASTNER. Assignment by distributee to administrator. Surrogate's jurisdiction to determine disputed claim upon accounting.... 136 BERTINE v. HUBBELL. Allowance of costs to unsuccessful opponent BOERUM v. BETTS. Alteration and service of citation. Acquisition of BRITTIN 9. PHILLIPS. Payment to sub-legatees. Limitation of juris BRUSH v. SMITH. Computation of testamentary trustees' commissions. Annual rests.... 477 BULLARD V. BENSON. Legacy in lieu of dower. When interest on BUTLER 2. PERROTT. Order of preference among claimants of right to letters of administration in intestacy.. CAMPBELL, HALL ..... PAGE 486 436 415 CAMPBELL 2. MACKIE. Legacy to executor, when deemed to be in lieu 185 of unincorporated association, as party in its capacity of legatee.. 606 CORNWELL v. CORNWELL. When one named as executor in contested will not proper appointee as temporary administrator..... CROMWELL V. KIRK. Construction of devise and bequest "to A., his 383, 599 DENNIS. JONES. Disposition of decedent's real property for payment DISOSWAY . HAYWARD. Docketing Surrogate's decree. Issuing of 175 DIXON v. MANNING. Construction of will. Legacy to widow for sup- 581 DODWORTHI v. CROW. Probate of codicil. Insufficient attestation.... 256 DREXEL v. BERNEY. Debtor to a testator's estate cannot petition for revocation of letters testamentary granted thereunder... DU BOIS v. BROWN. Surrogate's jurisdiction to determine disputed 317 EAGAN. KERGILL. Contract to compensate, by provision in will, for EDWARDS 7. EDWARDS. "Person interested" in decedent's estate. Right of executor of legatce to require first testator's executors to EISNER 7. KOEHLER. Legacy upon an enabling condition. What 464 277 FERGUSON 7. CUMMINGS. Decree for payment of legacy. Issuing of 433 FISH, RIECK e.. 75 FORSTER 7. KANE. Compensation of special guardian of infant party. 67 240 FRAENZNICK. MILLER. Release by legatee to executor. Surrogate's jurisdiction to determine disputed claim upon accounting........ 136 FREEMAN T. MOHRMAN. Proper form of testamentary guardian's ac- GILES v. DE TALLEYRAND. Contract to make testamentary disposition. Surrogate's jurisdiction to determine disputed claim upon account- GILLIES 7. KREUDER. Issuing of execution against decedent's real property. When order for execution evidence of assets. Punish- ment of administrator for contempt for disobeying decree to pay 547 GILMAN 2. WILBER. Fulfilment, by executor, of testator's contract. GODDARD . PUBLIC ADMINISTRATOR. When letters of administra- tion in intestacy granted to public administrator in Kings coun- GREENE 7. DAY. Allegation of creditorship on executor's accounting, GUGEL 2. VOLLMER. Partial revocation of will not effected by can- 45 GUION. UNDERHILL. Surrogate's control of executors. Order for HAGAN C. YATES. Probate of will. Claim of forgery or fraud. Un- HALL. CAMPBELL. Commissions of testamentary trustee, who has 415 |