In re the Judicial Settlement of the Accounts of Blair
Appellate Division of the Supreme Court of the State of New York
Appeal by William Blair, as administrator, etc., of Lewis R. Blair, deceased, from that portion of a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 18th day of April, 1901, which disapproved a finding of the referee who stated the account, that the appellant was entitled to reimbursement out of the estate for the sum of $2,700 paid by him for counsel fees in the matter of the probate of the alleged will of Lewis R. Blair,…
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Appeal by William Blair, as administrator, etc., of Lewis R. Blair, deceased, from that portion of a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 18th day of April, 1901, which disapproved a finding of the referee who stated the account, that the appellant was entitled to reimbursement out of the estate for the sum of $2,700 paid by him for counsel fees in the matter of the probate of the alleged will of Lewis R. Blair, deceased. The will of Lewis R. Blair was probated in the Surrogate’s Court of Hew York county, and letters testamentary…
1Opinion of the Court
Hatch, J.:
It is elementary law that an administrator has no authority to allow or pay any claim unless it exists against the estate, and, except for a limited amount, he must produce a voucher for the payment or prove its loss before he is entitled to be allowed therefor. In addition, he is to be allowed proper expenses of his administration of the estate ; but beyond this he cannot create any charge against the estate or pay any but lawful obligations charged thereon.
It is clear that the obligations incurred by the executor in defending the probate of the will, so far as attorneys’ fees are…
2Cases cited2 opinions
- In re Judicial Settlement of the Accounts of BlairAppellate Division of the Supreme Court of the State of New York · 1900
- Gilman v. . GilmanNew York Court of Appeals · 1875
3Cited by6 opinions
- Dodd v. . AndersonNew York Court of Appeals · 1910
- Blair v. BlairAppellate Division of the Supreme Court of the State of New York · 1904
- Dodd v. AndersonNew York Supreme Court · 1908
- Blair v. BlairNew York Supreme Court · 1903
- In re the Judicial Settlement of Jones JonesAppellate Division of the Supreme Court of the State of New York · 1911
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