Legal Opinion
In re the Intermediate Judicial Settlement of Account of Proceedings of Wendel
New York Surrogate's Court
Decided September 26, 1924PublishedCited by 5 opinions
1Opinion of the Court
Schulz, S.
The objections filed in this matter are all directed to payments made by the executors to an attorney at law for alleged legal services rendered and disbursements incurred by her. The contention that the burden of proof, under such circumstances, rests upon the contestants, is not supported by authority.
In Matter of Peck, 79 App. Div. 296, 301; affd. without opinion, 177 N. Y. 538, the court, citing Matter of Hosford, 27 App. Div. 427, and having under consideration fees paid for legal services, stated the law as follows: “ On a final accounting, an unassailed voucher for the…
2Cases cited5 opinions
- In re the Judicial Settlement of the Final Account of Proceedings of LesterAppellate Division of the Supreme Court of the State of New York · 1916
- In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Judicial Settlement of the Accounts of PeckAppellate Division of the Supreme Court of the State of New York · 1903
- In Re the Accounting of PeckNew York Court of Appeals · 1903
- In re the Estate of O'HaraNew York Surrogate's Court · 1906
3Cited by5 opinions
- In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of GraceNew York Surrogate's Court · 1970
- In re the Estate of FischNew York Surrogate's Court · 1968
- In re the Estate of ScherNew York Surrogate's Court · 1933
- In re the Estate of LewiNew York Surrogate's Court · 1950