In re Fithian's Estate
New York Supreme Court
Appeal from surrogate’s court, New York county. In the matter of the judicial settlement by Mary B. Clark, as executrix of Lemuel B. Clark, deceased, of the account of said Clark as executor of Freeman J. Fithian, deceased.
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Appeal from surrogate’s court, New York county. In the matter of the judicial settlement by Mary B. Clark, as executrix of Lemuel B. Clark, deceased, of the account of said Clark as executor of Freeman J. Fithian, deceased. The referee reported, with reference to the item in dispute, as follows, after finding that certain moneys of Fithian’s estate came into the hands of Clark: “ (4) That the moneys so received by said Clark were deposited by him in his own private bank-account. (5) That there is no evidence as to the disposition of said funds so received by said Clark as such executor,…
1Opinion of the CourtVan Brunt, P. J.
The evidence upon which the learned surrogate and the referee passed in coming to the conclusion which they did not being included in the case, this appeal can only be considered upon the findings as sustained by the learned surrogate upon the confirmation of the report. The question involved is whether the accounting party, Mrs. Clark, should be held personally liable for certain moneys which her husband, of whom she is executrix, had received belonging to the estate of Freeman J. Fithian, deceased. The learned surrogate held that the respondent, as executrix of her husband, was liable for…
2Cited by1 opinion
- Raabe v. SquierNew York Court of Common Pleas · 1893