Baucus v. Stover
New York Supreme Court
Appeal from the decree of the surrogate of the county of Washington, on the final settlement of the accounts of the executrix and executors of the will of George Stover, deceased. Among the assets of the deceased was a note of James Bair, one of the executors, dated April 1, 1874, for $4,561.91, on which there was due at the making of the inventory, as certified by the appraisers, $3,753.11. Barr united in verifying the inventory and in filing it.
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Appeal from the decree of the surrogate of the county of Washington, on the final settlement of the accounts of the executrix and executors of the will of George Stover, deceased. Among the assets of the deceased was a note of James Bair, one of the executors, dated April 1, 1874, for $4,561.91, on which there was due at the making of the inventory, as certified by the appraisers, $3,753.11. Barr united in verifying the inventory and in filing it. The testator owned no sheep or their fleeces, nor swine, but owned such jointly with his tenant farmer, one-half each. The appraisers did not…
1Opinion of the Court
Bockes, J.:
This is an appeal from a decree of the surrogate of Washington county, made on a final accounting by the executrix and executors of the will of George Stover, deceased.
*111The leading question on this appeal arises on the omission of the surrogate to charge the executor Barr with the sum of $3,753.11 and interest, being the balance due the estate on his note, held by the testator at the time of his decease.
The facts in regard to this note are as follows: There was, among the assets of the deceased, a note made by Barr, one of the executors, dated April 1, 1874, for $4,561.91, on which…
2Cases cited3 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Everts v. EvertsNew York Supreme Court · 1862
- Brown v. BrownNew York Supreme Court · 1869