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NEW YORK:

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

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ALBANY, N. Y.:

Nos. 473, 475 Broadway.

1883.

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-
tute beneficiaries' shares. Estoppel of cestui que trust. Division
of executors' commissions. Election to take statute rate.......
BALE, TERRY v..

....

BALLARD, LARABEE v..
BALLARD V. CHARLESWORTH. When executor's circumstances "afford
adequate security" for the due administration of the estate. ......
BARKER. SMITH. Conversion of stock by executor. Measure of
damages....

BENSON, BULLARD 0.

BERNEY, DREXEL v...

BATCHELOR v. BATCHELOR. Practice on application for letters of administration with will annexed......

BAUER . KASTNER. Assignment by distributee to administrator. Surrogate's jurisdiction to determine disputed claim upon accounting...

BELL, TOOKER v.....

BERTINE v. HUBBELL. Allowance of costs to unsuccessful opponent of application to revoke probate of will.....

BETTS, BOERUM v..

BISHOP, WOOD v...

BOERUM v. BETTS. Alteration and service of citation. Acquisition of

jurisdiction on accounting. Abatement by death... BRAY . SMITH. Injunction against executor. Executor's powers

pending proceeding for revocation of probate of will..... BRITTIN 9. PHILLIPS. Payment to sub-legatees. Limitation of jurisdiction of Surrogate's court.

BRONSON, MURRAY v. .

BROWN, Du Bois v..

.....

BRUSH v. SMITH. Computation of testamentary trustees' commissions.
Annual rests....

PAGK 196

171

337

452 496

501

290

209

136

52 486

163

335 471 512

471

168

57 217

317

477

BULLARD V. BENSON. Legacy in lieu of dower. When interest on
legacy begins to run from death of testator. Rate......
BURKE V. NOLAN. Burden of proof on probate of will. Publication.
Request to subscribing witness made through third person.....

BUTLER . PERROTT. Order of preference among claimants of right

to letters of administration in intestacy...

CAMPBELL, HALL v......
CAMPBELL v. MACKIE. Legacy to executor, when deemed to be in lieu

of commissions. Payment of counsel fees by executor....
CARPENTER v. HISTORICAL SOCIETY. Intervention, on probate of will,
of unincorporated association, as party in its capacity of legatee..

CHARLESWORTII, BALLARD v................

CHATER, PHILLIPS v..

CLAPP, PRYER

PAGE

486

436

9

415

185

CLENDENNING, TILNEY v..

CODDINGTON, MUMFORD v.....

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
child or children." General guardian's liability for interference
with ward's estate. Apportionment of expenses between life ten-
ant and remaindermen...

383, 599

256

CROW, DODWORTH v...

CUMMINGS, FERGUSON .....

433

260

DALE, STOKES v.....

DAY, GREENE v.

45

v.

DENNIS . JONES. Disposition of decedent's real property for payment

of debts. When will deemed to contain "valid power of sale"

for such payment.......

DE TALLEYRAND, GILES v.

DISOSWAY v. HAYWARD. Docketing Surrogate's decree. Issuing of

execution thereupon......

DIXON . MANNING. Construction of will. Legacy to widow for sup-

port of herself and children.......

DODWORTH v. CROW. Probate of codicil. Insufficient attestation....

DOW, SHELDON v......

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

claim upon accounting. Rule of construction of provisions re-

vised in Code of Civil Procedure. Competency of subscribing

witness, to prove will. Allowance of costs on accounting. Un-

dertaking on appeal from Surrogate's decree.............

DUFFY v. SMITH. Power of foreign administrators over property of

decedent in this State. Conflict of jurisdiction on their account-

ing......

DUNN, MATTER OF.

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EAGAN. KERGILL. Contract to compensate, by provision in will, for
services rendered to testator. Statute of limitations.....

EDWARDS . EDWARDS. "Person interested" in decedent's estate.

Right of executor of legatee to require first testator's executors to

account.....

.. 132

EISNER. KOEHLER. Legacy upon an enabling condition. What
deemed an advancement......

FERGUSON 7. CUMMINGS. Decree for payment of legacy. Issuing of
execution. Punishment for contempt.
FISH, RIECK ».

FORSTER 7. KANE. Compensation of special guardian of infant party.
Who deemed an "unsuccessful contestant" of will, for purposes
of allowance of costs.....

FOWLER . WALTER. Definition of "creditor." When application
for letters of administration with will annexed refused. Requisites
of petition.....

FRAENZNICK 7. MILLER. Release by legatee to executor. Surrogate's

jurisdiction to determine disputed claim upon accounting........ 136

FREEMAN. MOHRMAN. Proper form of testamentary guardian's ac-

GREENE . DAY. Allegation of creditorship on executor's accounting,
how far conclusive. Surrogate's jurisdiction to determine dis-
puted claim. Effect of notice to creditors to present claims.....

GUGEL. VOLLMER. Partial revocation of will not effected by can-

cellation....

HALL . CAMPBELL. Commissions of testamentary trustee, who has
already received commissions as executor.

464

277

433

75

67

240

547

45

GUION. UNDERHILL. Surrogate's control of executors. Order for
deposit of property when void. Attachment for contempt....... 302

HAGAN 7. YATES. Probate of will. Claim of forgery or fraud. Un-

due influence

415

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