In re the Final Judicial Settlement of the Accounts of Case
Appellate Division of the Supreme Court of the State of New York
Appeal by Margaret M. Case, as administratrix, etc., of Joseph W. Case, deceased, from a decree of the Surrogate’s Court of the county of Fulton, entered in said- Surrogate’s Court on the 1st day of August, 1906, settling her accounts as such administratrix. This proceeding was commenced by the administratrix for the judicial settlement of _ her account.
Read the full summary
Appeal by Margaret M. Case, as administratrix, etc., of Joseph W. Case, deceased, from a decree of the Surrogate’s Court of the county of Fulton, entered in said- Surrogate’s Court on the 1st day of August, 1906, settling her accounts as such administratrix. This proceeding was commenced by the administratrix for the judicial settlement of _ her account. Several creditors filed objections to the account and the issue was referred to a referee appointed by the surrogate to examine the account and to hear and determine the questions arising upon the settlement thereof. The referee made a…
1Opinion of the Court
Sewell, J.:
The claim of the respondents is that notwithstanding every-contract by which the decedent was employed as an agent by the insurance companies to solicit insurance and collect premiums -had terminated some time before his death, and he could, therefore, claim no benefit or advantage from the business done or the way in which it had been conducted, the deceased left the good will of an insurance business, which was subject to sale and purchase, in the same way and with like- effect a§ other assets which it was the duty of the. administratrix to sell
It is my opinion that-.this claim…
2Cases cited1 opinion
- Boon v. . MossNew York Court of Appeals · 1877
3Cited by4 opinions
- In re the Accounting of Chase Manhattan BankNew York Surrogate's Court · 1961
- Coffey v. Metro-Goldwyn-Mayer Corp.New York Supreme Court · 1936
- In re the Estate of WhalenNew York Surrogate's Court · 1963
- Smith v. St. Paul Fire & Marine Ins.District Court, E.D. New York · 1942