In re the Judicial Settlement of the Estate of Foster
New York Surrogate's Court
Upon the settlement of this estate the contestants claim that the executor should be charged with the amount of a certain note made by Albertus A. Foster to his mother, the testatrix, and held by her at the time of her decease, for $150-, with interest thereon from July 15, 1882, and that said executor should mot he credited in his account with his legacy of $200', bequeathed to said Albertus A. Foster, and paid to him by said executor, but that said legacy should have been…
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Upon the settlement of this estate the contestants claim that the executor should be charged with the amount of a certain note made by Albertus A. Foster to his mother, the testatrix, and held by her at the time of her decease, for $150-, with interest thereon from July 15, 1882, and that said executor should mot he credited in his account with his legacy of $200', bequeathed to said Albertus A. Foster, and paid to him by said executor, but that said legacy should have been credited and applied fro tcmto upon said note.
1Opinion of the Court
McElroy, Special Surrogate.
The note above mentioned was made July 15, 1882, payable one day after date, with interest.
On the 19th day of July, 1880, the testatrix made her will, whereby she bequeathed to her son, Albertus A. Foster, the sum of $200. At this time more than six years had elapsed since the making of this note, and no interest, or any part of the principal of said note, had been paid.
Under Schedule B of the account filed, the executor credits himself with the following item:
“ Promissory note of Albertus A. Foster, by limitation of law not collectible, $150.”
Under Schedule G of…
2Cases cited6 opinions
- Smith v. KearneyNew York Court of Chancery · 1848
- Wright v. AustinNew York Supreme Court · 1865
- Clarke v. BogardusNew York Supreme Court · 1834
- Rickets v. LivingstonNew York Supreme Court · 1800
- In re the Judicial Settlement of the Accounts of CramerNew York Surrogate's Court · 1904
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3Cited by9 opinions
- Leask v. HoaglandNew York Supreme Court · 1909
- Kimball v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Accounting of HeyeNew York Supreme Court · 1949
- In re the Estate of RileyAppellate Division of the Supreme Court of the State of New York · 1953
- In re the Estate of FreudmannNew York Surrogate's Court · 1959
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