Legal Opinion
In re the Accounting of Mosteiro
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1948Published
1Opinion of the Court
Decree of the Kings County Surrogate’s Court settling the accounts of the administratrix c.t.a., insofar as appealed from, and order denying motion for a new hearing, reversed on the law and the facts, with costs to all parties filing briefs, payable out of the estate of Juan A. Lopez, deceased, and the matter remitted to the Surrogate’s Court for a new trial. The determination of the Surrogate was made upon the assumption that “ Bespondent Calza’s Exhibit 1 ”, is an account stated as against the estate of Juan A. Lopez, deceased. This assumption is erroneous. The personal representatives of…
2Cases cited4 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Leavitt v. Jas. F. Scholes Co.New York Court of Appeals · 1913