Legal Opinion

In re Axelrad

New York Surrogate's Court

Decided September 16, 1960PublishedCited by 2 opinions

1Opinion of the Court

John D. Bennett, S.

This is an application for an order directing payment of funeral expenses. The validity of the claim and the reasonableness of the amount thereof are not disputed. The executors have reported to this court that they have received less than $10,000 total assets in this estate and that the United States Treasury Department has filed a notice of claim against the estate in a total sum of $11,882.17. This claim includes $2,746.08 for income tax, $1,746.24 for Federal Unemployment Tax Act, and the balance $7,389.85 for withholding tax.

Funeral expenses have a priority over income…

2Cases cited5 opinions

  1. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  2. In re HolmesAppellate Division of the Supreme Court of the State of New York · 1899
  3. In re the Final Accounting of StilesNew York Surrogate's Court · 1926
  4. In re the Estate of KornderNew York Surrogate's Court · 1938
  5. In re the Accounting of MowbrayNew York Surrogate's Court · 1956

3Cited by2 opinions

  1. In re the Estate of HenkeNew York Surrogate's Court · 1963
  2. Berg v. NelsonOregon Supreme Court · 1965

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