In Re the Accounting of Anderson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1913, which reversed in part an order of Special Term and confirmed the report of a referee in a proceeding for the accounting of the committee of an incompetent person. The facts, so far as material, are stated in the opinion. The committee is liable to the incompetent for not collecting the money due him from the trustee.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1913, which reversed in part an order of Special Term and confirmed the report of a referee in a proceeding for the accounting of the committee of an incompetent person. The facts, so far as material, are stated in the opinion. The committee is liable to the incompetent for not collecting the money due him from the trustee. (Blood v. Kane, 130 N. Y. 514.) The proceeding was one relating solely to the judicial settlement of the account of James M. Anderson as committee of…
1Opinion of the Court
Miller, J..Whatever confusion of thought may be caused by the obscurity in which the questions of fact and law in this case have been involved, the practical result thus far reached stands out prominently. The estate of the incompetent has been deprived of $10,897.11 and interest thereon for several years, to the personal enrichment of the committee and his co-remaindermen. It is necessary to bring the facts plainly into view in order to understand precisely how that result has been accomplished and whether it is beyond remedy.
James M. Anderson, who died in 1885, was survived by his wife and…
2Cases cited8 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Stevens v. . MelcherNew York Court of Appeals · 1897
- Smith v. . RobertsNew York Court of Appeals · 1883
- Warren v. PazoltMassachusetts Supreme Judicial Court · 1909
- Asche v. . AscheNew York Court of Appeals · 1889
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3Cited by1 opinion
- In re the Accounting of TodNew York Surrogate's Court · 1914