Legal Opinion

In re the Estate of Whellan

New York Surrogate's Court

Decided June 5, 1963Published

1Opinion of the Court

S. Samuel Di Falco, S.

The movant herein seeks to punish the administrators for contempt for failure to obey a decree of this court dated July 17, 1962 which directed payment to the petitioner of attorney’s fees and disbursements. The only question at issue at this time is whether the petitioner is entitled to the payment of interest on the amount awarded to him in the decree which was entered on July 17,1962.

The United States Government opposes the allowance of interest on the ground that its tax claim which exceeds the value of the entire estate has priority over the interest which has…

2Cases cited4 opinions

  1. Seaboard Air Line Railway Co. v. United StatesSupreme Court of the United States · 1923
  2. United States v. RogersSupreme Court of the United States · 1921
  3. Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
  4. Feldman v. BrodskyNew York Supreme Court · 1960

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