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

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

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BERTINE v. HUBBELL. Allowance of costs to unsuccessful opponent

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

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BRITTIN 9. PHILLIPS. Payment to sub-legatees. Limitation of juris

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

Annual rests....

477

BULLARD V. BENSON. Legacy in lieu of dower. When interest on
legacy begins to run from death of testator. Rate......
BURKE 2. NOLAN. Burden of proof on probate of will. Publication.
Request to subscribing witness made through third person..............

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
of commissions. Payment of counsel fees by executor....
CARPENTER . HISTORICAL SOCIETY. Intervention, on probate of will,

185

of unincorporated association, as party in its capacity of legatee.. 606

CHARLESWORTII, BALLARD v.

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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...

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383, 599

DISOSWAY . HAYWARD. Docketing Surrogate's decree. Issuing of
execution thereupon....

175

DIXON v. MANNING. Construction of will. Legacy to widow for sup-
port of herself and children. . . . . .

581

DODWORTHI v. CROW. Probate of codicil. Insufficient attestation.... 256

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.....

317

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

EDWARDS 7. EDWARDS. "Person interested" in decedent's estate.

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

account....

EISNER 7. KOEHLER. Legacy upon an enabling condition. What
deemed an advancement......

464

277

FERGUSON 7. CUMMINGS. Decree for payment of legacy. Issuing of
execution. Punishment for contempt...

433

FISH, RIECK e..

75

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......

67

240

547

GILMAN 2. WILBER. Fulfilment, by executor, of testator's contract.
Sale, by executor, of "good will" of testator's business...

GODDARD . PUBLIC ADMINISTRATOR. When letters of administra-

tion in intestacy granted to public administrator in Kings coun-

ty......

GREENE 7. 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 2. VOLLMER. Partial revocation of will not effected by can-

cellation.

45

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

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

due influence

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

415

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