In re Gillespie

New York Surrogate's Court

In re Gillespie

18 Abb. N. Cas. 41

New York Surrogate's Court·Decided November 15, 1886·Published·Cited by 3 cases

Opinion

Rollins, Surr.

First—The taxes and expenses of

■administration up to and including this accounting are chargeable to the corpus of the estate.

Second—If the testator’s widow wishes to have possession of the residuary estate, it should be turned over to [45]*45her upon her giving security to protect the remaindermen (Tyson v. Blake, 22 N. Y., 558 ; Matter of Fernbacher, 17 Abb. N. C., 339; Livingston v. Murray, 68 N. Y., 485) otherwise possession should be retained by the executor. In the latter event he will hold it in accordance with the doctrine of Spear v. Tinkham, 2 Barb. Ch., 211; Clark v. Clark, 8 Paige, 152; Covenhoven v. Shuler, 2 Paige, 122, 132.

Free access — add to your briefcase to read the full text and ask questions with AI

Rollins, Surr.

First—The taxes and expenses of

■administration up to and including this accounting are chargeable to the corpus of the estate.

Second—If the testator’s widow wishes to have possession of the residuary estate, it should be turned over to [45]*45her upon her giving security to protect the remaindermen (Tyson v. Blake, 22 N. Y., 558 ; Matter of Fernbacher, 17 Abb. N. C., 339; Livingston v. Murray, 68 N. Y., 485) otherwise possession should be retained by the executor. In the latter event he will hold it in accordance with the doctrine of Spear v. Tinkham, 2 Barb. Ch., 211; Clark v. Clark, 8 Paige, 152; Covenhoven v. Shuler, 2 Paige, 122, 132.

In re Gillespie, 18 Abb. N. Cas. 41 (N.Y. Super. Ct. 1886).

Pincite

18 Abb. N. Cas. 41 (In re Gillespie) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related