In re Ockershausen
New York Supreme Court
Appeal from surrogate’s court, Richmond county. Application by Henry Q. Ockershausen to punish George P. Ockershausen for contempt in-failing to pay to petitioner a sum of money as directed by the surrogate.
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Appeal from surrogate’s court, Richmond county. Application by Henry Q. Ockershausen to punish George P. Ockershausen for contempt in-failing to pay to petitioner a sum of money as directed by the surrogate. It appeared that the executor, as surviving member of a firm of which testator was also a member, had incurred a 'loss on the sale of firm property; that of the loss so incurred petitioner was entitled to a certain portion;' and that an order had been made by the surrogate directing the executor to pay petitioner such sum. The surrogate adjudged the executor in contempt, and he appeals.
1Opinion of the CourtPratt, J.
The moving papers do not show a demand upon the executor for payment, which has been held to be necessary before a proceeding in contempt can be maintained. McComb v. Weaver, 11 Hun, 271. There is no allegation showing absence or concealment of the debtor, or any other reason why a demand would be impossible or difficult. We see no reason why the general rule requiring a demand should be departed from in this case. The indebtedness in the present case has none of the features of a tort. It is not for money which the executor has received, and for which he fails to account. It is for a debt…
2Cited by3 opinions
- In re Proceedings of GeorgiNew York Surrogate's Court · 1897
- Potter v. Emerson-Steuben Corp.New York Supreme Court · 1937
- In re the Estate of DavidNew York Surrogate's Court · 1904