New York Court of Appeals, 1932

In re the Accounting of Burrows

New York Court of Appeals · Decided July 19, 1932 · <italic>Per Curiam.</italic>

182 N.E. 79; 259 N.Y. 449; 1932 N.Y. LEXIS 966 (North Eastern Reporter)

Cases that cite this one

9 later published cases cite this decision.

In re Estate of Cook (N.J. 1965)
Wagner v. Cook (N.J. 1965)
In re the Accounting of Meyer (New York Surrogate's Court 1949)
In re the Estate of Shannon (Appellate Division of the Supreme Court of New York 1985)
In re the Estate of Milerand (New York Surrogate's Court 1965)
In re the Judicial Settlement of the Account of Proceedings of the Fifth Avenue Bank (Appellate Division of the Supreme Court of New York 1938)
In re the Judicial Settlement of the Accounts Smith (Appellate Division of the Supreme Court of New York 1938)
In re the Estate of Denari (New York Surrogate's Court 1937)
In re the Estate of Hook (New York Surrogate's Court 1935)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

We find in the language of the will when read in connection with the codicils, a clear intent on the part of the testator that the children of his deceased son, Lorenzo Burrows, who are of his next-of-kin, should take under his will by right of substitution. (Matter of Evans, 234 N. Y. 42.)

The order of the Appellate Division should be reversed and the decree of the Surrogate’s Court affirmed, with *452 costs in the Appellate Division and in this court, payable out of the estate.

Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur; Pound, Ch. J., not voting.

Ordered accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.