Legal Opinion

In Re the Accounting of Hallenbeck

New York Court of Appeals

Decided March 30, 1909PublishedCited by 7 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 3, 1907, which affirmed a decree of the Columbia County Surrogate’s Court settling the accounts of the administrator herein. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 3, 1907, which affirmed a decree of the Columbia County Surrogate’s Court settling the accounts of the administrator herein. The facts, so far as material, are stated in the opinion. One-lialf interest in articles mentioned in section 2713, Code of Civil Procedure, were properly set off to the widow of Peter A. Hallenbecic, deceased, and were thereafter improperly allowed as assets of the estate of Peter A. Hallenbecic, deceased. (Crawford v. Nassoy, 173 N. Y. 163; Matter of…

1Opinion of the CourtWerner, J.

Upon the accounting which resulted in the decree made by the surrogate and unanimously affirmed at the Appellate Division a number of questions were raised. These, with a single exception, were correctly decided. The exception alluded to lies in the disposition of certain articles of personal property which the appraisers appointed by the surrogate had set apart for the use of the widow of the intestate under section 2713 of the Code of Civil Procedure. The surrogate held that these articles were improperly set apart as exempt, and that they should have been included in the inventory as…

2Cited by7 opinions

  1. In re the Estate of CurleyNew York Surrogate's Court · 1934
  2. In re the Estate of SchoenfelderNew York Surrogate's Court · 1937
  3. In re the Estate of LevineNew York Surrogate's Court · 1935
  4. In re the Estate of MurrayNew York Surrogate's Court · 1936
  5. In re the Accounting of ColeNew York Surrogate's Court · 1958

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