Clapp v. Meserole
New York Court of Appeals
Appeal from a judgment of the Supreme .Court affirming a decree of the surrogate of Kings county, made upon the final accounting of the appellant, Clapp, as the administrator with the will annexed of Simon Kichafdson, deceased.
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Appeal from a judgment of the Supreme .Court affirming a decree of the surrogate of Kings county, made upon the final accounting of the appellant, Clapp, as the administrator with the will annexed of Simon Kichafdson, deceased. The decree, besides adjusting the accounts of the appellant as administrator, orders distribution of the sum of $8,809.26 found to he in his hands unadministered among certain of the legatees under the will of the deceased, and the question presented relates chiefly to the principles upon which the distribution was made. The testator died in the year 1850, leaving a…
1Opinion of the Court
Denio, Ch. J.
It is not claimed that there was any error in the- decree of the surrogate, so far as the settlement of the appellant’s accounts as administrator are concerned. He does not-complain that he was charged with any greater sum than that which had come to his hands, or that any allowances to which he was 'entitled were rejected. But, as the assignee of the testamentary gifts in favor of S. F. and 8. W. Richardson, he was interested in the distribution of the balance in his hands as administrator, and the supposed error of which he complained affects only his interest as such assignee.…
2Cited by3 opinions
- Drake v. . PaigeNew York Court of Appeals · 1891
- Dunne v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of ShanaburghNew York Surrogate's Court · 1935