In re the Final Judicial Settlement of the Accounts of Daymon
Appellate Division of the Supreme Court of the State of New York
.Appeal by William D. Daymon, as executor, etc., of Sophia Harriott, deceased, from a decree of the Surrogate’s Court of Westchester county, entered in said Surrogate’s Court- on the 22d day of April, 1899, settling his accounts as executor, etc., of Sophia Harriott, deceased, and also from an order entered in said Surrogate’s . Court on the 15th day of May, 1899, denying his motion to set aside said decree.
1Opinion of the Court
Willard Bartlett, J.:
This is an appeal from a decree of the Surrogate’s Court upon an executor’s accounting, and from an order denying an application to set aside the decree in order to enable the accounting executor to put in the testimony of a material witness whom he had not been able to call upon the hearing.
The account of the executor was objected to on the ground that he had failed to account for $2,000 paid to his testatrix shortly before her death. The executor put in a reply, alleging that the testatrix had made a gift of these moneys to him. Upon this issue a hearing was had before…
2Cases cited1 opinion
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- In re the Estate of SprathoffNew York Surrogate's Court · 1906
- In re the Estate of SherwoodAppellate Division of the Supreme Court of the State of New York · 1902