Legal Opinion

In re the Accounting of Finch

New York Surrogate's Court

Decided October 1, 1949PublishedCited by 6 opinions

1Opinion of the Court

Page, S.

During the course of administration of the estate, a claim was presented by Madalyn A. Mulderig in the sum of $572 for alleged services as a practical nurse rendered to the decedent from November 27,' 1939, to May 11,1940. This claim, having been rejected by the administratrix, was tried on the claimant’s part, followed by a motion by counsel for the administratrix for its dismissal on the ground of inadequacy of evidence in its support. The question to be determined is, therefore, tantamount to whether the evidence adduced by claimant is sufficient to withstand a motion for a nonsuit.

2Cases cited12 opinions

  1. Faber v. . City of New YorkNew York Court of Appeals · 1915
  2. Moore v. MooreNew York Court of Appeals · 1860
  3. In re BlakeNew York Surrogate's Court · 1929
  4. In re the Judicial Settlement of the Account of Proceedings of Mechanics & Farmers' Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1930
  5. Cohen v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1910

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3Cited by6 opinions

  1. Music City, Inc. v. Estate of DuncanSupreme Court of Colorado · 1974
  2. In re the Accounting of RifleAppellate Division of the Supreme Court of the State of New York · 1956
  3. Trimmer v. Van BomelNew York Supreme Court · 1980
  4. Marlio v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 2001
  5. In re the Estate of MorgartNew York Surrogate's Court · 1967

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