Legal Opinion

In re White

New York Surrogate's Court

Decided February 15, 1888PublishedCited by 1 opinion

Hearing of exceptions taken by executrix to report of referee, to whom, were referred her account, and creditors’ objections thereto, filed in proceedings for judicial settlement.

1Opinion of the Court

The Surrogate.

The rule is well settled that, where a payment is made by the executor for expense of administration and a voucher for the same is produced, showing upon its face the nature and character of the expenditure and a reasonable statement of the facts rendering the same just and reasonable, a prima facie case for the executor is made out and the burden of impeaching such expenditure is on the objector. If the charge be reasonable on its face and said to be necessarily contracted for the good and benefit of the estate, the presumption is that it is correct and the burden is on the…

2Cases cited4 opinions

  1. In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
  2. Tucker v. TuckerNew York Court of Appeals · 1868
  3. Metzger v. MetzgerNew York Surrogate's Court · 1850
  4. Leviness v. CassebeerNew York Surrogate's Court · 1879

3Cited by1 opinion

  1. In re ArcherNew York Surrogate's Court · 1892

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