In re the Judicial Settlement of the Account of Proceedings of Watson
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Thomas Watson and others, as executors, etc., of Joseph Corbit, deceased, from so much of a decree •of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the -26th day of May, 1904, judicially settling the accounts of said executors, as surcharges their account in. ■certain respects and reduces their commissions.
1Opinion of the Court
O’Brien, J.:
The facts are sufficiently stated in the-opinion of Mr. Justice Laughlin. The rule is- settled that where inferences are. equally •consistent with innocence or guilt; equally consistent with good faith or bad, or equally consistent with the view that one Upon whom a duty is placed has or has not performed it, we are required to draw those inferences which are consistent with innocence, with good faith, with diligence and performance of duty, rather than the ■opposing inferences. I think that, without doing violence to any of-the inferences that should fairly be drawn from the…
2Cited by6 opinions
- In re the Estate of DellNew York Surrogate's Court · 1935
- Estate of MatthiessenCalifornia Court of Appeal · 1937
- In re the Estate of BielbyNew York Surrogate's Court · 1915
- In re the Judicial Settlement of the Account of GrantAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Accounts of WatsonAppellate Division of the Supreme Court of the State of New York · 1906
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