In re the Judicial Settlement of the Accounts of Watson
Appellate Division of the Supreme Court of the State of New York
Appeal by Thomas Watson and' others, as executors, etc., from so much of! a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on tlie 11th day of April, 1906, judicially settling the accounts of said executors, as surcharges their account in certain respects and reduces tlieir commissions. The principal item surcharged is a, judgment for $10,423.55’ recovered by the widow of the testator.
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Appeal by Thomas Watson and' others, as executors, etc., from so much of! a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on tlie 11th day of April, 1906, judicially settling the accounts of said executors, as surcharges their account in certain respects and reduces tlieir commissions. The principal item surcharged is a, judgment for $10,423.55’ recovered by the widow of the testator. The executors, appellants, were charged with this judgment on the ground that they were guilty of negligence or collusion in defrauding the estate against it. The…
1Dissent
O’Brien, P.- J. (dissenting):
The main, question to be determined upon this appeal is wtiether the accounts of the executors should be surcharged with the judgment for $10,423.55 recovered by the widow of the testator. *316Upon the former appeal the finding of the referee was that the said $6,000 never passed from her hands into those of the testator; that there is no competent or sufficient proof of the payment of the $3,000 to the' testator. Upon this new trial, however, the learned referee found that she paid over the $3,000 to the testator in the month of January, 1896, and that her farm at…
2Cases cited4 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- McCabe v. . FowlerNew York Court of Appeals · 1881
- Dye v. KerrNew York Supreme Court · 1851
- In re Saunders' EstateNew York Surrogate's Court · 1893