Legal Opinion

Cornwell v. Deck

New York Surrogate's Court

Decided October 15, 1874PublishedCited by 5 opinions

This proceeding* was for the final settlement of the accounts of Lucilla Cornwell, Administratrix of the goods, &c., of Abiah Cornwell, deceased. The intestate was a merchant, at Woodhull, in this county, and at his decease, on the 28th March, 1872, left a stock of goods, accounts, and notes, employed in and growing out of his business, with a few other articles of personal property.

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This proceeding* was for the final settlement of the accounts of Lucilla Cornwell, Administratrix of the goods, &c., of Abiah Cornwell, deceased. The intestate was a merchant, at Woodhull, in this county, and at his decease, on the 28th March, 1872, left a stock of goods, accounts, and notes, employed in and growing out of his business, with a few other articles of personal property. His widow was appointed administratrix soon after his death, and filed an inventory on the 10th day of May, 1872, amounting nominally to over $4,000, but which the appraisers certified would not realize more than…

1Opinion of the Court

The Surrogate

The sum charged for expenses of administratrix is $843.93. There is a mistake, made by including Wright’s account at $139'; it is, in fact, only $111.04. $27.96 having been paid and deducted in his account as rendered, though it is charged in account of administratrix at the full amount of $139. Included in this sum are charges for interest paid on mortgage, $35; insurance on property, $54,63; tomb-stones, $100; expenses on building, $23.33; taxes, $9,27; services of clerk, $240; all which are contested.

The exception to the item for interest on mortgage is well taken. The.…

2Cases cited5 opinions

  1. Ferrin v. . MyrickNew York Court of Appeals · 1869
  2. Herkimer v. . RiceNew York Court of Appeals · 1863
  3. Fairman's Appeal from ProbateSupreme Court of Connecticut · 1861
  4. Lee v. . AdsitNew York Court of Appeals · 1867
  5. Clinton v. Hope InsuranceNew York Supreme Court · 1868

3Cited by5 opinions

  1. Griggs v. VeghteNew Jersey Court of Chancery · 1890
  2. In re the Judicial Settlement of the Account of RolphNew York Surrogate's Court · 1890
  3. In re the Judicial Settlement of the Estate of RobertsNew York Surrogate's Court · 1911
  4. Estate of KochNew York Surrogate's Court · 1890
  5. In re the Estate of BenedictNew York Surrogate's Court · 1888

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