New York Surrogate's Court December 15, 1909 (In re the Final Judicial Settlement of the Accounts of Brooks)

Kiley, S.

I cannot find that the question here under consideration has ever been passed upon by the courts of this State. In order to understand the circumstances a brief history of the proceedings is as follows:

On the 6th day of July, 1908, Cyrus Beebe died in the town of Hamilton, in this county, leaving a last will and testament, which was duly admitted to probate, and in and by which Anson C.