In re the Judicial Settlement of Lehrbach
Appellate Division of the Supreme Court of the State of New York
Appeal by Emma E. Lehrbach, as administratrix, etc., from a decree of the Surrogate’s Court of the county of Mew York, entered in said Surrogate’s Court on the 17th day of June, 1910, finally settling the account of the appellant as administratrix and directing distribution.
1Opinion of the Court
Miller, J.:
The decree appealed from was made in conformity with the decision of this court in this case (139 App. Div. 28) construing the will of Lina Sexauer, the mother of the parties to this proceeding; and, were it not for a new element introduced on the rehearing before the surrogate, we should affirm the decree now appealed from on the authority of that decision. It is unnecessary for me to repeat the accurate statement of facts in the opinion of Presiding Justice Ingraham on the former appeal. On the rehearing before the surrogate the appellant filed an affidavit in which she stated…
2Cases cited1 opinion
- In re the Judicial Settlement of the Account of LehrbachAppellate Division of the Supreme Court of the State of New York · 1910