In re Arkenburgh

A review of the steps which have been taken in this case since the determination of the appeal reported under the title of In re Arkenburgh, 38 App. Div. 473, 56 N. Y. Supp. 523, is necessary to a clear understanding of the questions now to be determined. On that appeal we held that error had been committed in receiving testimony, which was incompetent under section 829 of the Code of Civil Procedure, in support of Oliver M. Arlcenburgh’s claim that an item of $26,530.66 in the testator’s ledger represented moneys received by the son from his father in payment for the son’s services. For this…