MATTER OF WEILAND


201 Misc. 129 (1951)

In the Matter of The Estate of Sarah A. Weiland, Deceased.

Surrogate's Court, Monroe County.

June 21, 1951.


Attorney(s) appearing for the Case

Rudd, Penberthy & Nelson for Irving D. Jones, petitioner.

Martin J. Lutz for Elizabeth Hodgson, as executrix of Roscoe E. Jones, deceased, respondent.


WITMER, S.

This is an application by the remainderman to require the executrix of the deceased life tenant (so-called) to account for the proceeds of a certain mortgage bequeathed to the latter, and to pay over to petitioner the amount thereof remaining on the death of the life tenant. The matter grows out of paragraph "Ninth" of testatrix' will, which reads as follows:

"Ninth: I give and bequeath to...

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