In re Nichols
New York Surrogate's Court
Application for leave to issue execution upon a judgment against the estate, in an action which the administrator had defended, and in which costs against the estate had been awarded, to the plaintiff. The administrator’s account was referred to an auditor, and the matter came up on exceptions taken by both parties to the auditor’s report. Further facts appear in the opinion.
1Opinion of the Court
The Surrogate.—The auditor has disallowed a number of items of debts paid, on the ground that neither the account nor the oath to the account discloses to whom they had been paid. This construction of 2 R. S, 92, § 55, is too narrow. It is sufficient if the testimony of the administrator shows to whom the money was paid, and where the amount is under $20, and there is no reason to doubt that it was actually paid, I am not prepared to say that it will be disallowed in all cases where the administrator finds it impossible'to give the name of the person to whom it was paid, or to describe him so…
2Cases cited1 opinion
- Field v. FieldNew York Surrogate's Court · 1876