In re the Judicial Settlement of the Account of Perry
Appellate Division of the Supreme Court of the State of New York
Appeal by Frederick H. Johnson, individually and as executor, etc., and others, from a decree of the Surrogate’s Court of the' county of Kings, entered in said Surrogate's Court on the 31st day of December, 1907, settling the accounts of the executrix of Anne Marchant Stacy, deceased, and also from a supplemental decree and an amendatory supplemental decree entered herein on the 10th day of March, 1908, and the 1st day of April, 1908, respectively.
1Opinion of the Court
Gaynor, J.:
The appellants excepted to the account of the executrix, the respondent, on the ground that she had omitted therefrom a certificate of 100 shares of stock of the Chesapeake & Ohio Bailroad Company. The burden of proof was on the exceptants to show that the deceased testatrix owned the said certificate at her death. They proved that the testatrix’s husband owned the said shares, and , left the same to her by will, with certificates of shares in three other companies;. that 23 days before her death she had the said certificates of all of the said shares changed to new certificates in…
2Cases cited1 opinion
- Cuyler v. . WallaceNew York Court of Appeals · 1905
3Cited by9 opinions
- In Re the Accounting of WatsonNew York Court of Appeals · 1915
- In re the Estate of CoferNew York Surrogate's Court · 1923
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- In re the Judicial Settlement of the Account of FisherNew York Surrogate's Court · 1925
- In re the Estate of LewinNew York Surrogate's Court · 1963
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