In re the Judicial Settlement of the Account of the Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Farmers’ Loan and Trust Company, as ancillary executor, from an order of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said court on the 29th day of September, 1920, directing it to pay to the petitioner, Roger Foster, out of the assets of said estate, the sum of $952.18, which together with his costs and disbursements constitutes the amount claimed to be due to him for legal services rendered at the request of one…
Read the full summary
Appeal by the Farmers’ Loan and Trust Company, as ancillary executor, from an order of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said court on the 29th day of September, 1920, directing it to pay to the petitioner, Roger Foster, out of the assets of said estate, the sum of $952.18, which together with his costs and disbursements constitutes the amount claimed to be due to him for legal services rendered at the request of one Catherine Kirk Overlander, who at one time was the temporary administratrix of the estate.
1Opinion of the Court
Greeneaum, J.:
Most of the facts connected with the present litigation are detailed in the opinion of Mr. Justice Smith in Matter of McCaffrey (188 App. Div. 772). For the purpose of this appeal it is only necessary to give a chronological statement of the various proceedings in Canada and in this State involving appointments of the executor in Canada, and of the ancillary executor and of a temporary administratrix in this State.
Elizabeth Connell died in 1910, leaving what in Canada is called a notarial will in which she designated Thomas Kirk of Montreal her-executor. The will was filed in…
2Cases cited12 opinions
- In Re the Probate of the Will of ConnellNew York Court of Appeals · 1917
- In re RabellAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Application for Temporary Letters of Administration upon the Goods, Chattels & Credits of DurbanAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of MahoneyNew York Surrogate's Court · 1902
- Bulkley v. StaatsNew York Surrogate's Court · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of ShipmanNew York Surrogate's Court · 1921
- In Re the Estate of ProctorNew York Court of Appeals · 1935
- Westerlund v. PetersonSupreme Court of Minnesota · 1923