Gardner v. Gardner
New York Court of Chancery
Tras case came before the chancellor upon an appeal from the sentence or decree of the surrogate of New-York, upon the settlement of the accounts of the appellant C. Gardner administratrix with the will annexed of James Gardner her former husband..
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Tras case came before the chancellor upon an appeal from the sentence or decree of the surrogate of New-York, upon the settlement of the accounts of the appellant C. Gardner administratrix with the will annexed of James Gardner her former husband.. The accounts were referred to the auditors, who decided, among other things, that the respondents the nephews of the testator were not charg:able with the interest on a bond and mortgage given to him by their father, except from the death of the latter; the interest previous to that time being bequeathed as a specific legacy for the support of the…
1Opinion of the Court
The Chancellor.
The petition upon which the proceedings were instituted before the surrogate was sufficient as an allegation to authorize the surrogate to direct an accounting. But there was an irregularity on the part of the administratrix in not bringing in her account under oath in the usual form. If she had done this instead of making the verbal statement to the surrogate, that she received $2000 *114of her husband which was expended on her property at Wiiliamsburgh, the adverse party would have known whether she meant to declare on oath that she did not believe that sum ought to be credited…
2Cited by46 opinions
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Todd v. LeeWisconsin Supreme Court · 1862
- Ballin v. . DillayeNew York Court of Appeals · 1867
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