Legal Opinion

In re the Estate of Heldmann

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

Decided May 8, 1912PublishedCited by 1 opinion

Appeal by Franciska Hourt, as administratrix, etc., from an amended decree of the Surrogate’s Court of the county of Erie, entered in said Surrogate’s Court on the 1st day of August, 1910, and from an amended decree entered in said court on the 10th day of August, 1910, judicially settling her accounts as administratrix and directing distribution and payment by her of the funds of said estate' remaining in her hands as such administratrix.

Read the full summary

Appeal by Franciska Hourt, as administratrix, etc., from an amended decree of the Surrogate’s Court of the county of Erie, entered in said Surrogate’s Court on the 1st day of August, 1910, and from an amended decree entered in said court on the 10th day of August, 1910, judicially settling her accounts as administratrix and directing distribution and payment by her of the funds of said estate' remaining in her hands as such administratrix. The various proceedings by which all parties having an apparent interest in the estate of the deceased were brought into court as parties to the…

1Opinion of the Court

Robson, J.:

Decedent’s only property was a deposit to his credit in the ■ Buffalo Savings Bank. The principal issue litigated in the proceedings was whether he had made a valid gift, either causa mortis or inter vivos, of this deposit for the benefit of one George Trcppman, an illegitimate son of decedent, after the payment therefrom of “all expenses.” This issue was found adversely to the claim that there was any such gift.

The appellant, Franciska Hourt, on her petition as a creditor of the decedent, had been appointed the administratrix of his estate, and her accounting shows that all debts…

2Cases cited5 opinions

  1. Bryant v. . ThompsonNew York Court of Appeals · 1891
  2. Isham v. New York Ass'n for Improving Condition of the PoorNew York Court of Appeals · 1904
  3. In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893
  4. In re the Judicial Settlement of the Accounts of RichmondAppellate Division of the Supreme Court of the State of New York · 1901
  5. In re the Final Accounting of CoeAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by1 opinion

  1. Troppman v. WeigartAppellate Division of the Supreme Court of the State of New York · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API