Legal Opinion

In re Engelbrecht

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

Decided April 15, 1897PublishedCited by 10 opinions

Cross-appeals by Abigail Journeay, individually, and Edward Sprague and Abigail Sprague, as administrators, etc., of David H. Journeay, deceased, and also by Mary L. Engelbrecht, from a decree of the Surrogate’s Court of the county of Richmond, entered in said Surrogate’s Court on the 17th day of August, 1895, upon the decision of the acting surrogate of said county in the proceedings instituted by Mary L. Engelbrecht to compel an accounting of the administrators of the…

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Cross-appeals by Abigail Journeay, individually, and Edward Sprague and Abigail Sprague, as administrators, etc., of David H. Journeay, deceased, and also by Mary L. Engelbrecht, from a decree of the Surrogate’s Court of the county of Richmond, entered in said Surrogate’s Court on the 17th day of August, 1895, upon the decision of the acting surrogate of said county in the proceedings instituted by Mary L. Engelbrecht to compel an accounting of the administrators of the estate of David IT. Journeay. The decree provided that the said administrator Edward Sprague take an appeal to the Court of…

1Opinion of the Court

Hatch, J.:

The petition which instituted this proceeding resulting in the decree herein, among other things, charged the administrators with conspiring to swindle the said estate by permitting to be charged against the same a promissory note for $5,000, claimed to have been executed by David H. Journeay in his lifetime and delivered to *543Abigail Journeay, the payee therein named, which was by the latter transferred to a son of the administrator Edward Sprague.

Upon the hearing before the surrogate it appeared that an action had been begun upon the said note against the administrators of the…

2Cases cited4 opinions

  1. Wood v. . BrownNew York Court of Appeals · 1866
  2. In re Byron's WillNew York Supreme Court · 1891
  3. In re ParkerNew York Court of Chancery · 1845
  4. In re McCabeNew York Surrogate's Court · 1891

3Cited by10 opinions

  1. In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
  2. In re the Estate of BonesteelNew York Surrogate's Court · 1963
  3. Sheldon v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1942
  4. In re SpragueAppellate Division of the Supreme Court of the State of New York · 1899
  5. In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899

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