Legal Opinion

In re Account of Arkenburgh

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

Decided July 1, 1901PublishedCited by 4 opinions

Appeal by Robert H. Arkenburgh and' another, two of the legatees named in the last will and testament of Robert H. Arkenburgh, deceased, from a decree of the Surrogate’s Court of the county.of Rockland, entered in said Surrogate’s Court on the 30th day of December, 1899, settling the accounts of Eliza J. Arkenburgh and and another, as executors of Robert H. Arkenburgh, deceased, and also from an order bearing date the 21th day of January, 1900, and entered in said…

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Appeal by Robert H. Arkenburgh and' another, two of the legatees named in the last will and testament of Robert H. Arkenburgh, deceased, from a decree of the Surrogate’s Court of the county.of Rockland, entered in said Surrogate’s Court on the 30th day of December, 1899, settling the accounts of Eliza J. Arkenburgh and and another, as executors of Robert H. Arkenburgh, deceased, and also from an order bearing date the 21th day of January, 1900, and entered in said Surrogate’s Court, denying a motion to vacate or modify such decree, except as thereby modified.

1Opinion of the Court

Goodrich, P. J.:

This appeal from a decree of the surrogate of the county of Rock-land, and also from an order refusing to vacate or modify such decree further than lie had modified it, is the second appeal from *584the surrogate in such proceeding. On the. former appeal (38 App. Div. 473) we affirmed the decree of the surrogate, except as to an item of $26,530.6.6, which he had refused to- charge against Oliver M. Arkenburgh, the executor, respondent. The surrogate admitted the evidénce of Oliver as to an agreement made' at an interview between him and his father, that Oliver should be…

2Cases cited7 opinions

  1. Claim of Marcellus v. Estate of MarcellusNew York Court of Appeals · 1900
  2. Van Slooten v. WheelerNew York Court of Appeals · 1893
  3. Kyle v. . KyleNew York Court of Appeals · 1876
  4. Forbes v. . HalseyNew York Court of Appeals · 1862
  5. In re ArkenburghAppellate Division of the Supreme Court of the State of New York · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re the Judicial Settlement of the Account of FurnissAppellate Division of the Supreme Court of the State of New York · 1903
  2. In re the Estate of MarkowitzNew York Surrogate's Court · 1934
  3. In re the Judicial Settlement of the Estate of SergantNew York Surrogate's Court · 1909
  4. In re ArkenburghAppellate Division of the Supreme Court of the State of New York · 1902

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