In re Judicial Settlement of the Account of Proceedings of Arkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by Oliver M. Arkenburgh, individually and as executor, etc., of Robert H. Arkenburgh, deceased, from so much of an order of the Surrogate’s Court of the county of Rockland, bearing date the 21st day of August, 1896, and entered in said Surrogate’s .Court, as denies his motion for a distribution of the moneys under a decree entered in this proceeding on the 30th day of December, 1895, and refuses to fix the proper undertaking on appeal from said decree preventing any…
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Appeal by Oliver M. Arkenburgh, individually and as executor, etc., of Robert H. Arkenburgh, deceased, from so much of an order of the Surrogate’s Court of the county of Rockland, bearing date the 21st day of August, 1896, and entered in said Surrogate’s .Court, as denies his motion for a distribution of the moneys under a decree entered in this proceeding on the 30th day of December, 1895, and refuses to fix the proper undertaking on appeal from said decree preventing any such distribution.
1Opinion of the Court
The following is the opinion of the surrogate:
Tompkins, S.:
On the 12th day of December, 1895, a decree was made settling the account of Eliza J. Arkenburgh, as executrix, and Oliver M. Arkenburgh, as executor, of the will of R. IT. Arkenburgh, deceased.
Under the decree the executor is entitled to receive upwards of $16,000; in all the sum of about $57,000 is directed to be distributed.
An appeal has been taken by two of the legatees, the executor and other legatees not appealing. An undertaking for $250 to perfect the appeal under section 2577 has been given.
A motion is now made by the…
2Cases cited1 opinion
- Steinback v. DiepenbrockAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- In re the Accounting of LuckenbachNew York Surrogate's Court · 1943
- In re the Estate of MillerNew York Surrogate's Court · 1938