In re the Judicial Settlement of the Account of Jacobs
Appellate Division of the Supreme Court of the State of New York
Appeal by Samuel Jacobs, as executor, etc., of Yetta Jacobs, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court' on the 6th day of April, 1905, allowing the respondent’s claim.
1Opinion of the Court
Jenks, J.:
I am of opinion that the allowance of the claim was error. Certainly the oral communication of the executor to Mr. O’Mally, then the attorney for the claimant, does not make- for the allowance of the claim by the executor. If we disregard that communication it then appears that the executor made no sign after the claim was presented, until he filed his accounts wherein he scheduled the claim as disputed. On the hearing of the objections filed by the claimant the executor stated in open court that he would enter into -a written stipulation submitting the merits of the claim to the…
2Cases cited3 opinions
- Schutz v. . MoretteNew York Court of Appeals · 1895
- In Re the Estate of MilesNew York Court of Appeals · 1902
- Lockwood v. DillenbeckAppellate Division of the Supreme Court of the State of New York · 1905