In re the Judicial Settlement of the Account of Hurst
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary Knapp, legatee, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 21st day of December,'1904, settling the accounts of the administrator of the estate of Emma A. Hurst, deceased, as allows commissions to said administrator, and also from an order bearing date the 30th day of January, 1905, and entered in said Surrogate’s Court, denying the appellant’s motion to vacate the said-decree and to…
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Appeal by Mary Knapp, legatee, from so much of a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 21st day of December,'1904, settling the accounts of the administrator of the estate of Emma A. Hurst, deceased, as allows commissions to said administrator, and also from an order bearing date the 30th day of January, 1905, and entered in said Surrogate’s Court, denying the appellant’s motion to vacate the said-decree and to stride out said allowance of commissions.
1Opinion of the Court
Jenks, J. :
The sole ground of appeal is.the allowance of -commissions to an administrator appointed in case of supposed intestacy, who accounts - to the executor under a will subsequently produced and probated. *461The decedent was killed by an accident in July, 1904, the letters were issued the following August, and the will was probated in the next ¡November. The probate thereof revoked the letters (Code Civ. Proc. § 2684) and the administrator thereupon was ordered to account and to turn over the estate to the executor. The surrogate found that the administrator collected, received and took…
2Cases cited7 opinions
- Blood v. . KaneNew York Court of Appeals · 1892
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
- Mann v. MannNew York Court of Chancery · 1814
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Judicial Settlement of the Account of RunkAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of ViggianiNew York Surrogate's Court · 1939
11 more not listed; retrieve them via the Exa API.