In Re the Final Judicial Settlement of the Accounts of Smith
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 2, 1895, which affirmed a decree of the surrogate of Dutchess county stating and allowing the accounts of executors, and allowing a claim presented on behalf of Alfred B. Smith, one of the executors. The facts, so- far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 2, 1895, which affirmed a decree of the surrogate of Dutchess county stating and allowing the accounts of executors, and allowing a claim presented on behalf of Alfred B. Smith, one of the executors. The facts, so- far as material, are stated in the opinion. Hone of the acts performed by Mr. Smith for the testatrix was of the character of professional legal services, and on that ground the testimony of the legal expert witnesses upon the question of value was improperly received.…
1Per curiam
Hpon the return of the citation the executors filed their account, in which they credited themselves with the sum of $2,000 paid by them to one Melinda Peters for care, nursing and personal attendance upon the testatrix for six years prior to her death. The -residuary legatees objected to the allowance of this claim.
Alfred B. Smith, one of the executors, also presented a claim against the estate for $9,000 for alleged services rendered by him for the testatrix in taking care of her business, for counsel and for a great variety of personal services alleged to have been rendered by him to the…
2Cited by14 opinions
- In re the Estate of GreenAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Estate of GentryNew York Surrogate's Court · 1931
- Tepper v. TannenbaumNew York Supreme Court · 1976
- In re the Application for the Sale of the Real Property of FitzpatrickNew York Surrogate's Court · 1924
- In re the Estate of KennedyNew York Surrogate's Court · 1968
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