Croft v. . Williams
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 7, 1880, which affirmed a decree of the surrogate of Ulster county upon settlement of the accounts of appellant as executor of the will of Mary E. Williams as to items in said decree appealed from by him, and modified the decree by charging him with certain additional items.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 7, 1880, which affirmed a decree of the surrogate of Ulster county upon settlement of the accounts of appellant as executor of the will of Mary E. Williams as to items in said decree appealed from by him, and modified the decree by charging him with certain additional items. (Eeported below, 23 Hun, 102.) The testatrix died in 1868; by her will her husband, John Williams, and the appellant were appointed and qualified as executors. The testatrix left no personal…
1Opinion of the CourtFinch, J.
We have discovered, no just objection to the-conclusions of the surrogate, from which the executor appealed, but which the General Term affirmed. The claim to be allowed $2,000 and the interest thereon was properly rejected, since the evidence fairly proved that it was a personal loan to the co-executor for which his individual note was taken, and that the money did not go to the benefit of the estate. The two sums of $800 and $636.12, charged to the executor, were admitted to have been received by him. As he accounted for them in no other manner than by delivering them to his co-executor, by…
2Cases cited4 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Clark v. ClarkNew York Court of Chancery · 1840
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
- Monell v. MonellNew York Court of Chancery · 1821
3Cited by37 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Bruen v. . GilletNew York Court of Appeals · 1889
- In Re the Accounting of MatesNew York Court of Appeals · 1948
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