In re the Judicial Settlement of the Accounts of Hallenbeck
Appellate Division of the Supreme Court of the State of New York
Appeal by Sarah.E.: Brace,, as administratrix, etc., from á decree of-the Surrogate’s- Court of the county of Columbia, entered in said Surrogate’s Court on the 11th day. of April, 1906. The controversy arises over the judicial settlement of the accounts of the administrator de bonis non of the estate of. Peter- A. Hallenbeck,: deceased.
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Appeal by Sarah.E.: Brace,, as administratrix, etc., from á decree of-the Surrogate’s- Court of the county of Columbia, entered in said Surrogate’s Court on the 11th day. of April, 1906. The controversy arises over the judicial settlement of the accounts of the administrator de bonis non of the estate of. Peter- A. Hallenbeck,: deceased. On his, death the intestate left surviving his mother, Almina Hallenbeck, his brother, Charles W. Hallenbeck, and Ms widow,, Margaret • L. Hallenbeck, Ms only next of kin. Letters of administration on his estate were first issued to his widow, Margaret L.…
1Opinion of the Court
Chester, J.:
It is claimed that the surrogate erred in not allowing anything to the appellant for commissions of Margaret L. Hallenbeck as administratrix of her husband’s estate. The place where such commissions should have been- allowed, if she were entitled to any, was on the- accounting of Smith as her executor to ascertain the liability of her estate to that of her husband for her acts as administratrix. There is nothing here to show whether such commissions were there allowed or disallowed. It may be presumed that they were there made the subject of adjudication one way or the other, for,…
2Cases cited1 opinion
- Baucus v. . StoverNew York Court of Appeals · 1882
3Cited by3 opinions
- Erickson v. HusemollerSupreme Court of Minnesota · 1934
- Madison County Trust & Deposit Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1931
- In re Mehn's EstateNew York Surrogate's Court · 1910