Barker v. Smith
New York Surrogate's Court
Objections, by James W. Smith, sole acting executor of decedent’s will, to the confirmation of the referee’s report upon his accounting. The account was contested by Charity Barker, residuary legatee. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
In November, 1881, James W. Smith, sole acting executor of this estate, filed his account and commenced proceedings for its settlement. *291Certain objections were interposed by one of the residuary legatees under decedent’s will, and the issues thus presented were submitted to a referee, whose report is now before me. To the confirmation of this report the executor objects, claiming that, in several important particulars, its conclusions are erroneous.
First. His most important objection arises upon the following state of facts: The testator, at the time of his death, was a holder…
2Cases cited11 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Boerum v. . SchenckNew York Court of Appeals · 1869
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- Ormsby v. . Vermont Copper Mining CompanyNew York Court of Appeals · 1874
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3Cited by1 opinion
- In re Bach's EstateNew York Surrogate's Court · 1890