Legal Opinion

In Re the Accounting of Barefield

New York Court of Appeals

Decided February 16, 1904PublishedCited by 10 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial .department, entered April 24, 1903, which reversed a decree of the Kings County Surrogate’s Court settling the accounts of Rebecca A. R. Barefield, as administratrix of the estate of Mary E. Rosell, deceased. The facts, as far as material, are stated in the'opinion.

Read the full summary

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial .department, entered April 24, 1903, which reversed a decree of the Kings County Surrogate’s Court settling the accounts of Rebecca A. R. Barefield, as administratrix of the estate of Mary E. Rosell, deceased. The facts, as far as material, are stated in the'opinion. The reversal of the surrogate’s decree having been on a question of law, there being no dispute as to the facts, the only question before this court is whether the surrogate drew the correct legal conclusion from the facts disclosed upon…

1Opinion of the Court

Parker, Oh. J.

The matter of the judicial settlement of the account of Rebecca A. R. Barefield, as. administratrix of the estate of Mary E. Rosell, deceased, coming on before the surrogate of Kings county, he appointed a referee under section 2546 of the Code of Civil Procedure, to examine the account and to hear and determine the questions arising upon its settlement. The referee’s report comprises the evidence taken; certain formal findings of fact, as to which there was no dispute; an enumeration and description of five bank accounts and the dates at which they were closed by the…

2Cases cited5 opinions

  1. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  2. Gannon v. . McGuireNew York Court of Appeals · 1899
  3. Cunningham v. . DavenportNew York Court of Appeals · 1895
  4. Matter of ClarkNew York Court of Appeals · 1901
  5. Mulcahey v. . Emigrant Industrial Sav. Bank.New York Court of Appeals · 1882

3Cited by10 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. Frank v. HeimannSupreme Court of Missouri · 1924
  3. In re the Estate of SutterNew York Surrogate's Court · 1930
  4. Garrison v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1935
  5. In re the Estate of MorrisNew York Surrogate's Court · 1934

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API