In Re the Judicial Settlement of the Accounts of Mullon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 6, 1893, which reversed a decree of the surrogate of the county of Albany upon an accounting by Thomas J. Mullon and Jacob H. Mullon, as administrators with the will annexed of John Mullon, deceased, and granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 6, 1893, which reversed a decree of the surrogate of the county of Albany upon an accounting by Thomas J. Mullon and Jacob H. Mullon, as administrators with the will annexed of John Mullon, deceased, and granted a new trial. This proceeding was instituted by William Bayard Van Rensselaer, as trustee for Laura Van Rensselaer, said trustee claiming that a judgment for deficiency on the foreclosure of a mortgage should be paid to his cestui que trust by the…
1Opinion of the Court
Andrews, Ch. J.
The fundamental error in the decree of the surrogate, rendered on the accounting, is the assumption that the ice business carried on by Thomas J. Mullon and Jacob H. Mullon, from the death of their father, John Mullon, was carried on by them as administrators of his estate. Upon this assumption the surrogate, reached the conclusion that the sale made by them to Sherman of the ice business and the property connected therewith was a sale of the business and property of the estate of John Mullon, and that the administrators are accountable as such for $20,250, the consideration of…
2Cases cited3 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- Erwin v. . LoperNew York Court of Appeals · 1871
- Forbes v. . HalseyNew York Court of Appeals · 1862
3Cited by39 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- Gensinger v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- In re RecknagelAppellate Division of the Supreme Court of the State of New York · 1911
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