In Re the Accounting of the Executors of Appell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered' June 27, 1922, which modified and affirmed as modified a decree of the New York County Surrogate’s Court settling the account of Amanda A. Evans, as executrix of and trustee under the will of Jacob Appell, deceased.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered' June 27, 1922, which modified and affirmed as modified a decree of the New York County Surrogate’s Court settling the account of Amanda A. Evans, as executrix of and trustee under the will of Jacob Appell, deceased. The Appellate Division held that taxes not fixed in amount at the time of the death of testator were not a charge against the estate which should be paid out of capital but were a charge against the income of the year in which they were payable; that the cost of an…
1Opinion of the Court
Order affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.
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