In re the Judicial Settlement of an Account of Proceedings of the United States Mortgage & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Joseph G. L. Byrnes from an order of the Surrogate’s Court of New York county, entered in said Surrogate’s Court on the 3d day of January, 1906, granting a motion made by the United States Mortgage and Trust Company, as substituted trustee, etc., to amend its account theretofore filed in this proceeding, and to file an amended account.
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Appeal by Joseph G. L. Byrnes from an order of the Surrogate’s Court of New York county, entered in said Surrogate’s Court on the 3d day of January, 1906, granting a motion made by the United States Mortgage and Trust Company, as substituted trustee, etc., to amend its account theretofore filed in this proceeding, and to file an amended account. The United States Mortgage and Trust Company was substituted under the last will and testament of Matthew Byrnes, deceased, on the 16th day of November, 1898, as trustee in place of Fernando Bal tes, who was removed by order of the court. On the 7 th…
1Opinion of the Court
Laughlin, J.:
By virtue of the provisions of section 2802 of the Code of Oivil Procedure, section 2729, regulating an accounting by an executor or administrator,.is rendered applicable to accountings of testamentary trustees. Section 2729, so far as material, provides as follows: “ * * -x- On an accounting by an executor or administrator, the accounting party must produce and file a voucher for every payment, except in one of the following cases:
“ 1. He may be allowed, without a voucher, any proper item of expenditure, not exceeding twenty dollars, if it is supported by his own uncontradicted…
2Cases cited5 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- In re the Judicial Settlement of the Accounts of PeckAppellate Division of the Supreme Court of the State of New York · 1903
- In Re the Accounting of PeckNew York Court of Appeals · 1903
- Estate of MunzorNew York Surrogate's Court · 1893
- In re the Proceeding for the Judicial Settlement of Account of SuessNew York Surrogate's Court · 1902
3Cited by3 opinions
- In re TietjeDistrict Court, E.D. New York · 1920
- In re the Accounting of VernacchiaNew York Surrogate's Court · 1947
- In re the Judicial Settlement of the Accounts of ArcherNew York Surrogate's Court · 1912