152 N.Y.S. 431 | N.Y. App. Div. | 1915
George L. Fox died February 17, 1904, leaving him surviving a widow, a son and a daughter. He left a last will and testament, thereafter duly proved in the Surrogate’s Court of the county of Putnam. He appointed his widow and Edward Wells, Jr., executors. By his will, all of the residue of his estate was given to his executors, in trust, for a term measured by the life of his son, George L. Fox, Jr.,
Jenks, P. J., Carr, Rich and Putnam, JJ., concurred.
Injunction order of the Surrogate’s Court of Putnam county of December 31, 1914,-affirmed, without costs; order of same date, requiring the surviving executor and trustee to account, reversed, with ten dollars costs and disbursements, and proceeding remitted to said court for the preliminary trial of the issues raised by the new matter set up in the answer of the executor and trustee and the reply thereto, without prejudice to an application for an accounting as to so much of the estate as is still held for the benefit of decedent’s widow.