Legal Opinion

In re Knibbs' Estate

New York Surrogate's Court

Decided September 15, 1904Published

In the matter of the estate of James Knibbs, deceaséd. Objections to account of executors.

1Opinion of the Court

HEATON, S.

Judicial settlement, upon which several objections have been tried. The objections to payments to counsel for the executors are not sustained. The'objection to the allowance of the claims of Mrs. Knibbs is not sustained. If, under the Smith Case, 153 N. Y. 124, 47 N. E. 33, some evidence was received which was incompetent under section 829, Code Civ. Proc., there is sufficient other evidence to sustain the claims, and to justify the allowance and payment of the same by the executors.

The will of deceased provides for the division of his residuary estate into four parts, “one of said…

2Cases cited9 opinions

  1. Williams v. . ThornNew York Court of Appeals · 1877
  2. Campbell v. . FosterNew York Court of Appeals · 1866
  3. Tolles v. . WoodNew York Court of Appeals · 1885
  4. In Re the Final Judicial Settlement of the Accounts of SmithNew York Court of Appeals · 1897
  5. In re Estate of FosterNew York Surrogate's Court · 1902

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