Bainbridge v. McCullough
New York Supreme Court
Appeal from an order of the surrogate’s court of Queens county, directing John S. Bainbridge, the acting executor of the last will and testament of Richard Bainbridge, deceased, to pay Andrew McCullough, administrator, etc., of Cecilia McCullough, deceased, the sum of $724.91. The opinion states the facts.
1Opinion of the CourtTappen, J.
The appellant was cited as executor before the surrogate of Queens, on the application of the respondent, as a judgment creditor of the appellant’s testator, to render an account, and show cause why a claim should not be paid.
An account, duly verified by the executor with vouchers, was thereupon filed with the surrogate, showing a balancesof $945.36, which was subject to a claim existing on a judgment and prior to that of the petitioner for $936.
The surrogate’s return on this appeal shows that the petition of the creditor urged that a large part of the expenditures mentioned in the account…
2Cases cited3 opinions
- Marre v. GinochioNew York Surrogate's Court · 1852
- Metzger v. MetzgerNew York Surrogate's Court · 1850
- Sayre v. PeckNew York Supreme Court · 1847