Green v. Green
New York Surrogate's Court
This proceeding was instituted by the children, and next of kin of J. H. Green, deceased, to compel an accounting by the administrator, and the payment of the distributive share of the applicants. An account was rendered, to which objections were filed, and a reference was had, and the referee made and filed a report.
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This proceeding was instituted by the children, and next of kin of J. H. Green, deceased, to compel an accounting by the administrator, and the payment of the distributive share of the applicants. An account was rendered, to which objections were filed, and a reference was had, and the referee made and filed a report. To this report, the next of kin excepted, because the auditor declined to charge the administrator with the sum of $1,500, inventoried for a certain lease with interest thereon from the date of the inventory. The facts appear to be as follows: The intestate entered into an…
1Opinion of the Court
The Surrogate.
It seems to be quite obvious that if the lease in question had been duly executed, and in all respects valid, the estate would have been entitled to its value, and the fact that the intestate went into possession, and made valuable and expensive improvements under a verbal agreement, with the knowledge and permission of the landlord, renders it highly equitable that the lease for the whole term should be credited to the estate. It was such an agreement as equity would have required to be executed specifically, for the occupancy, and making of the improvements by the intestate…
2Cases cited9 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Malins v. . BrownNew York Court of Appeals · 1850
- Forbes v. . HalseyNew York Court of Appeals · 1862
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