In Re the Estate of Ashheim
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1906, which affirmed an order of' the New York County Surrogate’s Court directing the appellant herein to file his account as executor of Solomon W. Ashheim, deceased. The following questions were certified: “First.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1906, which affirmed an order of' the New York County Surrogate’s Court directing the appellant herein to file his account as executor of Solomon W. Ashheim, deceased. The following questions were certified: “First. Is an executor who has duly qualified and received assets of his testator’s estate, for which he has never accounted, so far a trustee as to bring him within the rule that the Statute of Limitations does not commence to run in favor of a…
1Opinion of the Court
Order affirmed, with costs, on opinion below. First question certified answered in the affirmative; second, in the negative.
Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner, Hiscock and Chase, JJ.
2Cited by27 opinions
- In re the Estate of BarabashNew York Court of Appeals · 1972
- Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of BehrAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Estate of JacobsAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of ZilkhaAppellate Division of the Supreme Court of the State of New York · 1991
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