Legal Opinion
In re the Judicial Settlement of the Account of Proceedings of Snyder
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1942PublishedCited by 4 opinions
1Per curiam
The sole objection to the check of $5,000 dated June 27, 1939, was that it had been obtained by appellant through undue influence. That was the only issue litigated. At the hearing ample evidence was produced by appellant showing that the check was freely and voluntarily given.
In surcharging appellant for the amount of the check because it had not been cleared through the decedent’s bank prior to her death, the surrogate thus determined a question which had not been raised or presented by either party. As a consequence, appellant was denied the opportunity of meeting such an issue and of…
2Cases cited4 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Wright v. . DelafieldNew York Court of Appeals · 1862
- McNeil v. CobbAppellate Division of the Supreme Court of the State of New York · 1919
- McNeil v. . CobbNew York Court of Appeals · 1920
3Cited by4 opinions
- In re the Estate of ShermanNew York Surrogate's Court · 1951
- In re SullivanAppellate Division of the Supreme Court of the State of New York · 1942
- In re the Estate of FrischNew York Surrogate's Court · 1965
- In re the Accounting of SnyderAppellate Division of the Supreme Court of the State of New York · 1947