Freeman v. Freeman
New York Surrogate's Court
Motion to confirm auditor’s report on accounting of executors. Exceptions were filed, as follows: On behalf of the executors, David M. Kellogg and Edgar Williams, for that he finds that the amount of-E. M. Freeman’s promissory note of $250, and D. M. Kellogg’s promissory note of $1,000, to the decedent, should be-stricken out of the schedule of uncollectible debts, and credited in the statement of assets on hand; ■ and for that the report charges them interest on sums…
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Motion to confirm auditor’s report on accounting of executors. Exceptions were filed, as follows: On behalf of the executors, David M. Kellogg and Edgar Williams, for that he finds that the amount of-E. M. Freeman’s promissory note of $250, and D. M. Kellogg’s promissory note of $1,000, to the decedent, should be-stricken out of the schedule of uncollectible debts, and credited in the statement of assets on hand; ■ and for that the report charges them interest on sums withdrawn as commissions, from the dates when they were severally withdrawn to the date of the account. On behalf of the…
1Opinion of the Court
The Subbogate.—The exception of the executors, Kellogg and Williams, respecting the uncollected notes of Freeman -and Williams, above referred to, cannot be *215sustained, for the reason, first, that such notes must be regarded as assets in the hands of the executors (3 R. S., 91, § 14, 6 ed.) ; and, second, because each of said executors appears to be entitled to commissions, exceeding the amount of their respective notes, and it will be their duty to apply such commissions, when allowed, towards the payment of such indebtedness ; hence the proceeds of those notes, though the makers are…
2Cases cited1 opinion
- Tucker v. McDermottNew York Surrogate's Court · 1876
3Cited by10 opinions
- In re the Estate of WrightNew York Surrogate's Court · 1958
- Carroll v. HughesNew York Surrogate's Court · 1881
- In re HarrisNew York Surrogate's Court · 1886
- In re the Annual Accounting of Stratton, New York County Courts1912
- U. S. Trust Co. v. BixbyNew York Surrogate's Court · 1884
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