Legal Opinion

In re the Judicial Settlement of the Accounts of Abwender

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

Decided June 27, 1934PublishedCited by 2 opinions

1Opinion of the CourtLewis, J.

Our consideration of this appeal may be narrowed to evidential rulings which we conclude erroneously invoked the prohibition of section 347 of the Civil Practice Act.

Emil E. Abwender died intestate April 29, 1933, leaving three daughters and two sons. Upon the settlement of his estate the *567administrators filed an account which listed as uncollected debts certain personal loans made by the decedent to three of his children. In each instance the administrators have surcharged the distributive share of the three debtor children with the amounts of their alleged indebtedness respectively. We are…

2Cases cited2 opinions

  1. Hurlburt v. . HurlburtNew York Court of Appeals · 1891
  2. Laka v. KrystekNew York Court of Appeals · 1933

3Cited by2 opinions

  1. Brayton v. DagerAppellate Division of the Supreme Court of the State of New York · 1936
  2. In re the Estate of SaltzmanAppellate Division of the Supreme Court of the State of New York · 1964

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