Legal Opinion

In re Arkenburgh

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 1899PublishedCited by 3 opinions

Appeal from surrogate’s court, Rockland county. In the matter of the estate of Robert H. Arkenburgh, deceased, Robert H. Arkenburgh and another, legatees, appeal from a decree settling the account of Eliza J. Arkenburgh and another, executors, and from an order denying their motion to vacate or modify the decree.

1Opinion of the CourtWillard Bartlett, J.

The appellants present four questions for our consideration upon this appeal. We will discuss them in the precise form and order in which they are stated on the brief of counsel:

1. The first question is whether the surplus of the estate remaining and ready to be distributed was not overstated in the balance of $48,778.06, as found in the summary statement to be taken as part of the decree. The summary statement in the decree states the amount of cash on hand to be $10,778.06. The appellants contend that this amount should have been stated to be $7,494.32, because it appears from an affidavit…

2Cases cited3 opinions

  1. In re Redfield's EstateNew York Supreme Court · 1893
  2. In re WeeksNew York Surrogate's Court · 1887
  3. Arthur v. NelsonNew York Surrogate's Court · 1882

3Cited by3 opinions

  1. In Re Estate of FritzCalifornia Court of Appeal · 1933
  2. In re ArkenburghAppellate Division of the Supreme Court of the State of New York · 1902
  3. In re StephensNew York Surrogate's Court · 1900

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