Fowler v. Lockwood
New York Surrogate's Court
I$r the matter oí the accounting of Sophia B. Lockwood, administratrix, etc., of George Lockwood, deceased, it appeared that the intestate died in 1870, a resident of New Rochelle, leaving real and personal estate amounting to over $200,000, and leaving a widow (the administratrix) and several children by her and hy a former wife. Among the latter was Margaret Fowler, wife of John Fowler, Jr., who was, until recently, a lawyer, practising in the City of New York.
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I$r the matter oí the accounting of Sophia B. Lockwood, administratrix, etc., of George Lockwood, deceased, it appeared that the intestate died in 1870, a resident of New Rochelle, leaving real and personal estate amounting to over $200,000, and leaving a widow (the administratrix) and several children by her and hy a former wife. Among the latter was Margaret Fowler, wife of John Fowler, Jr., who was, until recently, a lawyer, practising in the City of New York. In September, 1876, the administratrix tiled her account of proceedings, having cited all in interest to attend the accounting.…
1Opinion of the Court
The Surrogate.
As a general rule, clerk hire is not allowable. Precisely what is intended to be understood by “writing up the accounts,” I am unable to say. If the term is intended to apply to the preparation of the account which was filed, it cannot be allowed, as that was a duty devolving upon the administratrix formerly, and now, under the Act of 1863, may be covered by an allowance to be made by the court. If the clerk was paid for keeping the account, it must still be disallowed, as I see no special necessity for it in this case.
The credits for moneys paid by the administratrix, *468from time…
2Cases cited6 opinions
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Grangiac v. ArdenNew York Supreme Court · 1813
- Marre v. GinochioNew York Surrogate's Court · 1852
- Metzger v. MetzgerNew York Surrogate's Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Final Account of SwadeAppellate Division of the Supreme Court of the State of New York · 1901
- Hall v. CampbellNew York Surrogate's Court · 1882
- In re CollyerNew York Surrogate's Court · 1885
- Valentine v. ValentineNew York Surrogate's Court · 1885
- In re McCabeNew York Surrogate's Court · 1891
3 more not listed; retrieve them via the Exa API.