Legal Opinion

In re the Estate of Adams

New York Surrogate's Court

Decided September 14, 1933PublishedCited by 6 opinions

1Opinion of the Court

Delehanty, S.

The objection to the non-inclusion of the proceeds of an insurance policy on the life of deceased is sustained and executrix is surcharged with the amount received by her ($2,666.83), with interest from the date of payment to her.

Executrix is also surcharged with the sum of $500, representing *290the bond of Rice Chocolate Company not collected by her. Her sole reason for non-collection is given as lack of funds to enable prosecution of the claim for the bond. That reason is invalid since the insurance moneys in executrix’s possession are the property of the estate.

No showing has…

2Cases cited5 opinions

  1. Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
  2. Sancourt Realty Corp. v. DowlingAppellate Division of the Supreme Court of the State of New York · 1927
  3. Brill v. FriedhoffAppellate Division of the Supreme Court of the State of New York · 1920
  4. Dasanat Realty Corp. v. MurrayCity of New York Municipal Court · 1930
  5. Legget v. . PelletreauNew York Court of Appeals · 1914

3Cited by6 opinions

  1. Millison v. ClarkeCourt of Appeals of Maryland · 1980
  2. In re KerrDistrict Court, S.D. New York · 1939
  3. Bilbrey v. WorleyCourt of Appeals of Tennessee · 2004
  4. In re the Estate of BrunnerAppellate Division of the Supreme Court of the State of New York · 1966
  5. Randall Bilbrey v. Gary WorleyCourt of Appeals of Tennessee · 2002

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