Legal Opinion
In re the Estate of Schmitt
New York Surrogate's Court
Decided March 31, 1971PublishedCited by 5 opinions
1Opinion of the Court
John D. Bennett, 8.
This is a contested accounting proceeding in which the widow and sole beneficiary is the object-ant and the executor is the petitioner-accountant. The formal objections to the account are 14 in number and the issues will be discussed below after a brief consideration of the general background facts.
The decedent died on March 22, 1966 and left him surviving a widow and a son who was then 14 years of age, and is now attending college. For 10 years before his death the decedent had been retired, except that he had retained some parts, machinery and equipment of an auto…
2Cases cited12 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- In re the Accounting of Guaranty Trust Co.New York Court of Appeals · 1956
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Trask v. . SturgesNew York Court of Appeals · 1902
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1930
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3Cited by5 opinions
- In re the Estate of SaphirNew York Surrogate's Court · 1973
- Waldorf Associates, Inc. v. NevilleNew York Supreme Court · 1988
- In re the Estate of BitzerAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Estate of VolckeningNew York Surrogate's Court · 1973
- In re the Estate of HallNew York Surrogate's Court · 1973