Berdell v. Schell
New York Surrogate's Court
Accounting of Edward Schell, special administrator of the estate of decedent, at the instance of Robert H. Berdell, an alleged creditor thereof. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The special administrator, whose accounts are now under consideration was appointed in December, 1868.
Whether, in the decree settling these accounts, provision may lawfully be made for a complete or partial distribution of this estate depends upon the construction to be given to § 2683 of the Code of Civil Procedure. That section declares that each provision of chapter eighteen of the Code, imposing a duty or liability upon a temporary administrator,..... or conferring upon the Surrogate power or authority with respect to such temporary administrator, . . applies to a collector…
2Cases cited5 opinions
- Campbell v. BruenNew York Surrogate's Court · 1850
- Westervelt v. GreggNew York Court of Chancery · 1846
- Buchan v. . RintoulNew York Court of Appeals · 1877
- In re DouglassNew York Surrogate's Court · 1878
- Smith v. Van KurenNew York Court of Chancery · 1847