Legal Opinion
In re the Estate of Fox
New York Surrogate's Court
Decided June 15, 1918PublishedCited by 2 opinions
Proceedings on application to turn over moneys on deposit in bank to an executor of a deceased administratrix.
1Opinion of the Court
Schulz, S.
This is an application by the executor of a deceased administratrix for an order directing a trust company to pay over to the former the amount of a bank deposit in the name of the deceased administratrix as such. If the petitioner is correct 'in his contention, then it follows that although a person appointed administratrix is required to qualify by filing an undertaking her personal representative, who might be an executor without bonds, could reduce to possession and administer upon the decedent’s estate without filing security of any kind.
The bank deposit created the relation of…
2Cases cited4 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- In re the President, Directors & Co. of the Franklin BankNew York Court of Chancery · 1828
- In Re the Accounting of HaydenNew York Court of Appeals · 1912
- In re the Judicial Settlement of the Account of Proceedings of DuncanAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by2 opinions
- In re the Estate of KrugerNew York Surrogate's Court · 1931
- In re the Accounting of RothenbergNew York Surrogate's Court · 1951