Legal Opinion

Berwick v. Halsey

New York Surrogate's Court

Decided November 15, 1878PublishedCited by 3 opinions

Motion to confirm the report of auditor upon final accounting of executor. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.—It appears that the executor, soon after receiving letters on the 80th June, 1876, received the principal amount of the assets, amounting to between $4,000 and $5,000, and deposited the same in a bank to the credit of his individual account. This he alleges was done because of the difficulty of making satisfactory investments, and to meet the current demands upon the estate, including the expenses of administration, and that such deposit was advised by his counsel. It also appears that certain claims were presented to the executor, which he rejected, and references were made…

2Cases cited5 opinions

  1. Ackerman v. EmottNew York Supreme Court · 1848
  2. Spear v. TinkhamNew York Court of Chancery · 1847
  3. Lansing v. LansingNew York Supreme Court · 1865
  4. Hasler v. HaslerNew York Surrogate's Court · 1850
  5. Duffy v. . DuncanNew York Court of Appeals · 1866

3Cited by3 opinions

  1. Cruce v. CruceSupreme Court of Missouri · 1884
  2. Armstrong's v. PriestSupreme Court of Missouri · 1895
  3. Bruen v. GilletNew York Supreme Court · 1887

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