Legal Opinion

In re the Estate of Goodwin

New York Surrogate's Court

Decided December 15, 1920PublishedCited by 4 opinions

Proceedings upon the accounting of an administrator.

1Opinion of the Court

Cohalan, S.

Jurisdictional question:

Objection is made to the account upon the ground that the administrator has failed to account for the *40proceeds of a judgment in the sum of $15,374.56, which was satisfied of record on August 5,1919. Upon showing that the judgment was assigned by the decedent during his lifetime the administrator moves to dismiss this objection upon the ground that a determination of this issue involves the exercise of general equitable power which the surrogate does not possess. The administrator relies upon Matter of Schnabel, 202 N. Y. 134, and the objecting creditors upon…

2Cases cited5 opinions

  1. In re the Final Judicial Settlement of the Account of HolzworthAppellate Division of the Supreme Court of the State of New York · 1915
  2. In re the Judicial Settlement of the Account of Proceedings of CohnAppellate Division of the Supreme Court of the State of New York · 1919
  3. In Re the Accounting of WatsonNew York Court of Appeals · 1915
  4. In Re the Accounting of SchnabelNew York Court of Appeals · 1911
  5. In re the Final Accounting of AmmarellNew York Surrogate's Court · 1902

3Cited by4 opinions

  1. In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
  2. Berson v. Blue Ridge Coal Corp.New York Supreme Court · 1950
  3. In re the Accounting of FeltesNew York Surrogate's Court · 1955
  4. In re the Estate of VitelliNew York Surrogate's Court · 1931

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