Hourt v. Weigart
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Erie County. Final accounting by Franciska Hourt as administratrix of George Heldman, deceased. From a decree settling the account and directing final distribution, the administratrix appeals. Appeal dismissed.
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Appeal from Surrogate’s Court, Erie County. Final accounting by Franciska Hourt as administratrix of George Heldman, deceased. From a decree settling the account and directing final distribution, the administratrix appeals. Appeal dismissed. Appeal by Franciska Hourt, as administratrix, etc., of George Heldman, deceased, from the amended decree of the Surrogate’s Court of the county- of Erie, entered in the office of the surrogate of that county on the 10th day of August, 1910, judicially settling her accounts as administratrix, and directing distribution and payment by her of the funds of…
1Opinion of the CourtRobson, J.
Decedent’s only property was a deposit to his credit in the Buffalo Savings Bank. The principal issue litigated in the proceedings was whether he had made a valid gift, either causa mortis or inter vivos, of this deposit for the benefit of one George Troppman, an illegitimate son of decedent, after the payment therefrom of “all expenses.” This issue was found adversely to the claim that there was any such gift.
The appellant, Franciska Hourt, on her petition as a creditor of the decedent, had been appointed the administratrix of his estate; and her accounting shows that all debts and expenses…
2Cases cited8 opinions
- Bryant v. . ThompsonNew York Court of Appeals · 1891
- Isham v. New York Ass'n for Improving Condition of the PoorNew York Court of Appeals · 1904
- In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893
- Adee v. . Nassau Electric Railroad CompanyNew York Court of Appeals · 1904
- In re the Judicial Settlement of the Accounts of RichmondAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by1 opinion
- Craig v. WrightNebraska Supreme Court · 1917