Vigeant's Will, In re
| Decision Date | 22 May 1961 |
| Citation | 29 Misc.2d 569,215 N.Y.S.2d 187 |
| Parties | In re VIGEANT'S WILL. In the Matter of the Judicial Settlement of the Final Account of Proceedings of Joseph E. Vigeant and Benson R. Frost as sole surviving Executors of the Last Will and Testament of Genevieve M. Vigeant, Deceased. Surrogate's Court, Dutchess County |
| Court | New York Surrogate Court |
Frost & Frost, Rhinebeck, for petitioners; Richard F. Russell, Poughkeepsie, of counsel.
Michael J. Ryan, Babylon, for objectant.
W. VINCENT GRADY, Surrogate.
A petition for the final judicial settlement of the accounts of Joseph E. Vigeant and Benson R. Frost as sole surviving executors of the Last Will and Testament of Genevieve M. Vigeant, deceased, having been filed in this office and objections to the account and a request for a construction of the Will having been made by Rita K. Meagher, as Administratrix of the estate of George F. Meagher, deceased, and as general guardian of the person and estate of Jane Frances Meagher, an infant under the age of 14 years, and the Court having heard the arguments of counsel and having read the Will and the memoranda submitted by respective counsel, and after due deliberation thereon, decides and finds as follows:
It appears that the decedent Genevieve M. Vigeant departed this life a resident of Dutchess County on the 30th day of September, 1959 leaving a Last Will and Testament dated July 1, 1959 which was duly admitted to probate in this Court on the 2nd day of December, 1959.
The first objection to the account relates to the failure of the executors to pay Jane Frances Meagher, an infant, a legacy of $2,000 directed by paragraph numbered 'Fifth' of the Last Will and Testament of said decedent. This amount should be paid to the general guardian without interest, upon her filing with this Court, a certified copy of the order of her appointment and evidence of due qualification thereunder.
The second objection to the account is that it does not provide for the payment of full commissions to George F. Meagher, deceased executor.
The account shows that the gross taxable estate is $140,270.75 which indicates that each of the three executors are entitled to full commissions pursuant to Section 285 of the Surrogate's Court Act.
It appears that the late George F. Meagher, acting with the other executors, had completed marshalling the assets of the estate and had paid out a substantial part of estate funds prior to his death on March 28, 1960.
From the facts submitted, it is the...
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