Legal Opinion
In re Dittrich
New York Surrogate's Court
Decided March 15, 1907PublishedCited by 1 opinion
Proceeding for the removal of an executrix and testamentary trustee and the judicial settlement of her accounts.
1Opinion of the Court
Church, S.
The claim of the contestants that the executrix should he surcharged with the value of certain bonds and mortgages involves the question of whether their assignment had been procured by fraud; and, under the circumstances, this court has no jurisdiction to try the question. The subject is carefully considered in Matter of Ammarell, 38 Misc. Rep. 399, and it is unnecessary to add to what was there set forth.
The claim is made that the executrix should be surcharged with the amount in the Bushwick and German Savings Banks; but the executrix contends that this is her individual…
2Cases cited5 opinions
- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
- Wetherow v. LordAppellate Division of the Supreme Court of the State of New York · 1899
- Farrelly v. Emigrant Industrial Savings BankAppellate Division of the Supreme Court of the State of New York · 1904
- In Re the Accounting of BarefieldNew York Court of Appeals · 1904
- In re the Final Accounting of AmmarellNew York Surrogate's Court · 1902
3Cited by1 opinion
- In re DittrichAppellate Division of the Supreme Court of the State of New York · 1908