Legal Opinion

In re the Estate of Kellner

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1995PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding for a compulsory accounting, the petitioner appeals from a decree of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated March 15, 1993, which, after a nonjury trial, directed the petitioner to refund to the respondent, on behalf of the estate, the principal sum of $3,892.94.

Ordered that the decree is affirmed, with costs payable to the estate by the appellant personally.

The former executor’s payments to the appellant for accounting services are not conclusive proof of the validity of the appellant’s claims for such services (see, SCPA 1807; Matter of Hayes, 25…

2Cases cited3 opinions

  1. In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of RhinelanderAppellate Division of the Supreme Court of the State of New York · 1942
  3. In re the Estate of AmicoNew York Surrogate's Court · 1941

3Cited by1 opinion

  1. Chardavoyne v. CohenAppellate Division of the Supreme Court of the State of New York · 2008

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