Matter of Chapman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 18, 1899, modifying and affirming, as modified, an order judicially settling the accounts of the committee and removing him from his trust, entered upon the report of a referee.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 18, 1899, modifying and affirming, as modified, an order judicially settling the accounts of the committee and removing him from his trust, entered upon the report of a referee. The appellant also sought to bring up for review the report of the referee; the appellant’s removal as committee ; the appointment of anew one, and the order appointing a special guardian for such incompetent. The facts, so far as material, are stated in the opinion. The Appellate Division erred in…
1Opinion of the CourtMartin, J.
Upon the report of a referee appointed to take, and state the account of the appellant as committee of the; person and property of Nancy 0. Warner, an incompetent, person, the Special Term made an order by which the committee was charged with the sum of $7,266.87 as being in his; hands belonging to the incompetent’s estate, and for which lie, was held liable. It is obvious from' the record that in stating-this account it was surcharged with the sum of twenty-nine-hundred dollars which had already been charged, and thus in effect the committee was charged twice with that sum.
Upon appeal to the…
2Cases cited12 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Heller v. . CohenNew York Court of Appeals · 1897
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- Porter v. . DunnNew York Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Matter of DepueNew York Court of Appeals · 1906
- Van Beuren v. . WotherspoonNew York Court of Appeals · 1900
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1900
9 more not listed; retrieve them via the Exa API.