Sheerin v. Public Administrator
New York Surrogate's Court
This was a proceeding for the final settlement of the accounts of the public administrator, in the matter of the estate of John Sheerin, deceased. The public administrator filed his account of proceedings in this estate, and objections to the account were filed,and the matter was referred to an auditor who made his report, and the public administrator filed exceptions thereto.
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This was a proceeding for the final settlement of the accounts of the public administrator, in the matter of the estate of John Sheerin, deceased. The public administrator filed his account of proceedings in this estate, and objections to the account were filed,and the matter was referred to an auditor who made his report, and the public administrator filed exceptions thereto. The exceptions material to the decision were, 1, to a finding of the auditor, that the public administrator should be charged with $443.88, deposited in the Third Avenue Savings Bank, and with interest thereon; and, 2,…
1Opinion of the Court
Tbce Surrogate.
I am satisfied that the referee erred in finding that the general reputation of the Third Avenue Savings Bank, for solvency, was bad at the times mentioned. The testimony given upon that subject seems to fall very far short of establishing a general reputation, which would raise a presumption of a knowledge of its unsound condition on the part of the Public Administrator. Indeed, on the evidence given before the auditor alone, I should not hesitate to find that the bank was in good repute in respect to its solvency, for it had withstood a very severe ran upon it,— paid the…
2Cases cited5 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Chambersburg Saying Fund Association's AppealSupreme Court of Pennsylvania · 1874
- Whitney v. PeddicordIllinois Supreme Court · 1872
- Ruggles & Hooker v. ShermanNew York Supreme Court · 1817
- Montgomery v. DunningNew York Surrogate's Court · 1852
3Cited by2 opinions
- In re the Estate of KrugerNew York Surrogate's Court · 1931
- Vogel v. ArbogastNew York Surrogate's Court · 1886