In re the Judicial Settlement of the Accounts of Jacob
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles R. Avery, as executor, etc., of George P. Avery, deceased, a petitioning creditor, from a decree of the Surrogate’s Court of the county of Richmond, entered in said court on the 4th day of December, 1895, settling and allowing the accounts of the executors of Elizabeth Carter, deceased, and also from a decree bearing date the 6th day of August, 1895, and entered in said Surrogate’s Court, denying the petitioner’s motion to revoke the letters testamentary…
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Appeal by Charles R. Avery, as executor, etc., of George P. Avery, deceased, a petitioning creditor, from a decree of the Surrogate’s Court of the county of Richmond, entered in said court on the 4th day of December, 1895, settling and allowing the accounts of the executors of Elizabeth Carter, deceased, and also from a decree bearing date the 6th day of August, 1895, and entered in said Surrogate’s Court, denying the petitioner’s motion to revoke the letters testamentary issued to said executors.
1Opinion of the Court
Hatch, J.:
After a trial, George P. Avery recovered a judgment against the executors of Elizabeth Carter, deceased, which was affirmed, on appeal and was finally entered for the sum of $4,638.44. The executors did not qualify and enter upon the duties of their trust until nearly five months after the death of their testatrix, when letters testamentary were issued to them. The inventory of the personal estate of the testatrix was not filed until nearly two years after her decease, and as then filed showed a personal estate appraised at '$1,477.91. The executrix, Josephine F. Clason, is a niece…
2Cases cited4 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Haight v. . BrisbinNew York Court of Appeals · 1885
- Trustees of Elmira v. DunnNew York Supreme Court · 1856
3Cited by1 opinion
- Clason v. StewartNew York Supreme Court · 1898