In re MacNeil
Appellate Division of the Supreme Court of the State of New York
Appeal by Dix W. Smith from a final order of the Supreme Court, made at the Delaware Special Term and entered in the office of the clerk of the county of Chemung on the 30th day of March, 1914, directing the appellant to pay to the respondent, as administratrix, the sum of $22,300 assets in his hands as committee of Eufus E. MaaNeil, with interest thereon, together with costs, and further adjudging that said Smith was entitled to no commissions as committee.
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Appeal by Dix W. Smith from a final order of the Supreme Court, made at the Delaware Special Term and entered in the office of the clerk of the county of Chemung on the 30th day of March, 1914, directing the appellant to pay to the respondent, as administratrix, the sum of $22,300 assets in his hands as committee of Eufus E. MaaNeil, with interest thereon, together with costs, and further adjudging that said Smith was entitled to no commissions as committee. This appeal was transferred from the Third Department to the Fourth Department of the Appellate Division.
1Per curiam
We should have no difficulty in affirming the order appealed from but for the fact that some of the findings made at the request of defendant are inconsistent with and may require a different conclusion from that reached by the court below in its decision.
By the findings so made at the request of the defendant it is found in substance that the defendant gave his consent to be appointed as committee on the understanding between himself and the petitioner and her two children that John Bull, Jr., should take entire charge of the estate, and of the assets thereof, and do all the work, and that…
2Cases cited1 opinion
- Adair v. . BrimmerNew York Court of Appeals · 1878
3Cited by6 opinions
- In re the Judicial Settlement of the Final Account of Proceedings of Westchester Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- In re the Estate of AyvazianNew York Surrogate's Court · 1934
- In re the Estate of BihnNew York Surrogate's Court · 1939
- In re the Estate of AmusoNew York Surrogate's Court · 1958
- In re the Estate of FerraraNew York Surrogate's Court · 1932
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