In Re the Judicial Settlement of the Accounts of Johnston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which modified and affirmed as modified a decree of the surrogate of the county of Hew York on settlement of the accounts of the administrators of Archibald Johnston, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which modified and affirmed as modified a decree of the surrogate of the county of Hew York on settlement of the accounts of the administrators of Archibald Johnston, deceased. The facts, so far as material, are stated in the opinion. The administrators legally and properly disposed of the one-eighth interest in the leasehold estate which the intestate owned at the time of his death, and have duly accounted for the same. (3 R. S. [7th ed.] 2294, § 6.)…
1Opinion of the CourtHaight, J.
Archibald Johnston died on the 31st day of August, 1887, and letters of administration were issued upon his estate to David B. Johnston and the appellant, William T. A. Hart, FTovember 22,1887. David B. Johnston was anon-resident, and has taken no part in the administration of the estate.
At the time of the death of Archibald Johnston he was the owner of an undivided one-eighth interest in a leasehold estate for a term of years in premises known as FTos. 105 and 107 East Thirteenth street in the city of Flew York, with covenants of. renewal, etc. At that time the appellant Hart was the owner…
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