Legal Opinion

In re the Judicial Settlement of the Account of Rose

New York Surrogate's Court

Decided May 15, 1901Published

Proceedings upon the judicial settlement of the account of an executor.

1Opinion of the Court

CokstocK, S.

— T-be contestants, wbo are grandchildren of the testator and residuary legatees under his will, appear by their special guardian and object to the account on file, in that it does not include, as an ¡asset of this estate, a certain deposit of $2,000, made by testator, in the Powers Bank of Lansing-burgh, and which remained there until his death, and they ask that the account be surcharged in that amount with interest. The executor claims; the same was given to him by the testator in his lifetime, and hence that it comprises- no part, of his estate. The special guardian, in order…

2Cases cited42 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Martin v. . FunkNew York Court of Appeals · 1878
  3. Young v. . YoungNew York Court of Appeals · 1880
  4. In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
  5. Harris v. . ClarkNew York Court of Appeals · 1849

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