Legal Opinion

Ricard v. Laytin

New York Surrogate's Court

Decided December 15, 1883Published

Johe A. Ricard, administrator of Maria M. Ricard, who was a daughter, and legatee under the will, of William Laytin, deceased, asked for a new hearing of three accountings made by the executors, in which decrees were entered, respectively, in 1877, 1879, and 1882, on an account filed in October, 1881. Mrs. Ricard was a party to the accountings of 1877 and 1879, and died in July, 1881. The applicant, as her administrator, was a party to the last accounting.

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Johe A. Ricard, administrator of Maria M. Ricard, who was a daughter, and legatee under the will, of William Laytin, deceased, asked for a new hearing of three accountings made by the executors, in which decrees were entered, respectively, in 1877, 1879, and 1882, on an account filed in October, 1881. Mrs. Ricard was a party to the accountings of 1877 and 1879, and died in July, 1881. The applicant, as her administrator, was a party to the last accounting. It appeared that William Laytin, son of the deceased, and the other executors, in the accountings of 1877 and 1879, retained greater…

1Opinion of the Court

The Surrogate.

This application is resisted upon two grounds: 1st, that Mrs. Ricard, being of age, was concluded by her receipts in full, which were given on *589complete knowledge of all the facts; and 2nd, that her administrator is precluded from the relief sought, by reason of laches in making the application.

As to the first point, it would seem that the executors acted with perfect fairness in submitting to Mrs. Ricard, at each payment of income, a complete statement in figures showing in detail the amount received, the expenditures, and the amount proposed to be, and which was, retained as…

2Cases cited1 opinion

  1. Meeker v. CrawfordNew York Surrogate's Court · 1882

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