In Re the Final Accounting of Selleck
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 23, 1886, which reversed two decrees of the surrogate of the county of Richmond, one on final settlement of the accounts of Roah Selleck as executor of the will of David Decker; the other, settling the accounts of said Selleck as trustee under said will, and which directed said surrogate to settle and adjust the accounts as therein prescribed.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 23, 1886, which reversed two decrees of the surrogate of the county of Richmond, one on final settlement of the accounts of Roah Selleck as executor of the will of David Decker; the other, settling the accounts of said Selleck as trustee under said will, and which directed said surrogate to settle and adjust the accounts as therein prescribed. The facts,- so far as material, are stated in the opinion. As the order of General Term does not state that the reversal was upon questions of fact,…
1Opinion of the Court
Gray J.,
From a careful consideration of the questions brought up by this appeal, we have been led to conclude that the order of the General Term, reversing the decrees of the surrogate upon these accountings, cannot be sustained.
An expression of the views, which have influenced this conclusion, seems to be called for in some instances in this record.
In the accounts filed by the executor, the surrogate disallowed certain items, amounting in the aggregate to the sum of $477.01 and commissions of $146.57. The items so disallowed related to the payments of taxes. The reasons assigned by the…
2Cases cited1 opinion
- Matter of Accounting of MasonNew York Court of Appeals · 1885
3Cited by29 opinions
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- Carley v. . HarperNew York Court of Appeals · 1916
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- Naylor v. GaleNew York Supreme Court · 1893
- In re Adler's EstateNew York Supreme Court · 1891
24 more not listed; retrieve them via the Exa API.