In re Hodgman's Estate

CourtNew York Court of Appeals
Writing for the CourtFINCH
Citation35 N.E. 660,140 N.Y. 421
PartiesIn re HODGMAN'S ESTATE.
Decision Date19 December 1893

140 N.Y. 421
35 N.E. 660

In re HODGMAN'S ESTATE.

Court of Appeals of New York.

Dec. 19, 1893.


Appeal from supreme court, general term, third department.

Proceedings for the settlement of the accounts of the executors and executrix of Frederick D. Hodgman, deceased. From an order of the general term (23 N. Y. Supp. 725) modifying and affirming, as modified, a decree of the surrogate judicially settling such accounts, Mary E. Hodgman, (now Mary E. Yates,) widow and executrix of said Hodgman, deceased, appeals. Affirmed.


[140 N.Y. 422]Charles S. Foote, for appellant.

Edgar Hull,[140 N.Y. 425](C. H. Sturges, of counsel,) for respondent.


[140 N.Y. 426]FINCH, J.

There are some questions in this case which touch the personal interest of the appellant, and upon which she has a right to our judgment. The facts upon which they arise cover but a small part of the general controversy, and are as follows: The testator, Frederick D. Hodgman, died in 1873, and after having made and executed his last will and testament, by the terms of which his widow, now Mrs. Yates, and who is the present appellant, was made executrix, and Alfred C. Hodgman, Philander C. Hitchcock, and James Cheeseman executors. [140 N.Y. 427]Letters testamentary were issued to them on February 13, 1874, and all four qualified and entered upon the performance of their duties. Cheeseman died in 1882, and is represented in these proceedings by James H. and Olive Cheeseman, his executor and executrix. Hitchcock died in 1888, and letters testamentary under his will were issued to Asahel R. Wing. The present proceedings were commenced in 1889, and took the form of a final accounting before the surrogate of the representatives of the deceased executors, and of the surviving executrix and executor, and it is from the decree rendered on that accounting that Mrs. Yates now appeals, claiming the right to do so as executrix, as widow, and as legatee. The testator, by his will, devised to his wife the property, real and personal, which constituted their home, the value of which was nearly $11,000, and which she retained and kept as her own, without any dispute or contention, and which formed no part either of the inventory or accounts. He then gave her a further legacy, phrased thus: ‘I also give to my said wife the sum of $50,000, which may be invested in bank stock, Fort Edwards and Wyoming, Iowa, and in bonds.’ He then declared that the devise and the legacy were to be accepted by the widow ‘in full satisfaction and recompense of and for her dower or thirds which she may or can in any wise claim or demand’ out of his estate. Some other legacies were given, one of which was the sum of $500 to the executors, which they were directed to invest and keep invested, and expend the interest in the care of testator's cemetery lot. A residuary clause covering all the rest of his property, carried everything remaining to his nephews and nieces, in equal shares. Outside of the home, specifically devised with its belongings, there was inventoried personal property to the amount of a little over $96,000, and there were, in addition, several pieces of real estate. The widow received the full sum of $50,000 on the 22d day of June, 1875, which was about one year and four months after the issue of letters testamentary, and gave a receipt for it, which reads thus: ‘Received from the executors of F. D. [140 N.Y. 428]Hodgman, deceased, fifty thousand dollars, the amount of the legacy left me by the will of said Hodgman.’ She accepted payment in the Fort Edward bank stock at an agreed premium, in the Wyoming bank stock at par, and in cash to the amount of $7,854.50, which made up the balance. The will specifically directed the payment to the wife thus: ‘I desire the legacies to my wife paid as soon after my death as convenient to my executors.’

The widow...

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18 practice notes
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...v. Harriman, 1 Tenn. Ch., 467; Barry v. Jones, 27 Am., 742; In re Cooper, 93 N.Y. 507; In re Hopkins, 32 Hun, 619; In re Hodgeman's Est., 35 N.E. 660; Bassett v. Miller, 8 Md., 551; Walford v. Powers, 85 Ind. 294; Soc. v. Brumfield, 102 Ind. 146; Kellar v. Orr, 106 Ind. 406; Polk v. Johnson......
  • Cleary v. White's Estate.
    • United States
    • Supreme Court of Connecticut
    • February 26, 1948
    ...Ogden v. Pattee, 149 Mass. 82, 21 N.E. 227, 14 Am.St.Rep. 401. Our conclusion finds support in the cases of Matter of Hodgman's Estate, 140 N.Y. 421, 428, 35 N.E. 660, 661, and American Bible Society v. Wells, 68 Me. 572, 28 Am.Rep. 82. There is error, the judgment is set aside and the case......
  • Compton v. Akers, 19,619
    • United States
    • United States State Supreme Court of Kansas
    • July 10, 1915
    ...claim only one-third of the entire estate and was not entitled to any part of that left undisposed of by the will. In Matter of Hodgman, 140 N.Y. 421, 35 N.E. 660, it was decided that: "Where a testator bequeaths his widow a certain sum 'in full satisfaction and recompense of and for her do......
  • Will of Boddy, Matter of
    • United States
    • New York Surrogate Court
    • June 30, 1987
    ...observed that a fiduciary may accept less than statutory commissions by agreement and will be bound by that agreement. (Matter of Hodgman, 140 N.Y. 421, 35 N.E. 660; Matter of Schinasi, 208 Misc. 1056, 145 N.Y.S.2d 136). Thus as between the respective positions of the parties the Court is c......
  • Request a trial to view additional results
18 cases
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...v. Harriman, 1 Tenn. Ch., 467; Barry v. Jones, 27 Am., 742; In re Cooper, 93 N.Y. 507; In re Hopkins, 32 Hun, 619; In re Hodgeman's Est., 35 N.E. 660; Bassett v. Miller, 8 Md., 551; Walford v. Powers, 85 Ind. 294; Soc. v. Brumfield, 102 Ind. 146; Kellar v. Orr, 106 Ind. 406; Polk v. Johnson......
  • Cleary v. White's Estate.
    • United States
    • Supreme Court of Connecticut
    • February 26, 1948
    ...Ogden v. Pattee, 149 Mass. 82, 21 N.E. 227, 14 Am.St.Rep. 401. Our conclusion finds support in the cases of Matter of Hodgman's Estate, 140 N.Y. 421, 428, 35 N.E. 660, 661, and American Bible Society v. Wells, 68 Me. 572, 28 Am.Rep. 82. There is error, the judgment is set aside and the case......
  • Compton v. Akers, 19,619
    • United States
    • United States State Supreme Court of Kansas
    • July 10, 1915
    ...claim only one-third of the entire estate and was not entitled to any part of that left undisposed of by the will. In Matter of Hodgman, 140 N.Y. 421, 35 N.E. 660, it was decided that: "Where a testator bequeaths his widow a certain sum 'in full satisfaction and recompense of and for her do......
  • Will of Boddy, Matter of
    • United States
    • New York Surrogate Court
    • June 30, 1987
    ...observed that a fiduciary may accept less than statutory commissions by agreement and will be bound by that agreement. (Matter of Hodgman, 140 N.Y. 421, 35 N.E. 660; Matter of Schinasi, 208 Misc. 1056, 145 N.Y.S.2d 136). Thus as between the respective positions of the parties the Court is c......
  • Request a trial to view additional results

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