Marsh v. Gilbert
New York Surrogate's Court
This was a proceeding for the final settlement of accounts of the executor of the will, &c., of James Marsh, deceased. The executors, Clinton Gilbert and James Marsh, Jr., filed an account of then proceedings, July 7th, 1874. Objections being filed, the account, with such objections, was referred to an auditor who filed .his report December 27th, 1876, to which exceptions were filed January 8,1877, by James Marsh, Jr., one of the executors.
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This was a proceeding for the final settlement of accounts of the executor of the will, &c., of James Marsh, deceased. The executors, Clinton Gilbert and James Marsh, Jr., filed an account of then proceedings, July 7th, 1874. Objections being filed, the account, with such objections, was referred to an auditor who filed .his report December 27th, 1876, to which exceptions were filed January 8,1877, by James Marsh, Jr., one of the executors. During the pendency of the reference, Marsh, one of the executors, filed a supplemental account. The auditor among other things disallowed a charge made…
1Opinion of the Court
The Surrogate.
[After stating the facts and the substance of the testimony as above],—I am clearly of *473the opinion that there is evidence sufficient to sustain the findings of fact of the auditor, and such as forbids my interfering with his conclusions, especially as the auditor had the witnesses before him, and could best judge of their credibility. I must therefore assume, for the purpose of disposing of the question of confirmation of the report, that the facts are correctly found by the auditor, and hence the only questions to be considered are those of law, growing out of and dependent…
2Cases cited3 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Dyer v. DyerNew York Supreme Court · 1866
3Cited by1 opinion
- Bullard v. BensonNew York Surrogate's Court · 1883