Legal Opinion

In re the Estate of Smith

New York Surrogate's Court

Decided March 15, 1903Published

Proceedings upon the settlement of the accounts of an administratrix.

1Opinion of the Court

Thomas, S.

The proceeding to settle the accounts of the administratrix was first commenced, and an order of reference was made to Mr. John A. Foley, as referee. It became quite apparent to the parties that no final adjudication upon the rights of persons interested in the fund could be made without an account also being had by the administrator. Thereupon, without any order of a surrogate, but on the agreement of the parties, the account of the administrator was filed with the referee; objections were also filed with him, a stipulation was made that the two accountings be consolidated, andi…

2Cases cited16 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Mabie v. . BaileyNew York Court of Appeals · 1884
  3. Cunningham v. . DavenportNew York Court of Appeals · 1895
  4. Farleigh v. . CadmanNew York Court of Appeals · 1899
  5. Washington v. . Bank for SavingsNew York Court of Appeals · 1902

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