Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Sloane

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1909PublishedCited by 6 opinions

Appeal by the petitioner, Grace S. Sloane, as administratrix, etc., from a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 31st day of July, 1909, settling the accounts of the said administratrix.

1Opinion of the Court

Per Curiam :

The account of the administratrix and the objections thereto raised an issue of fact. (Matter of Woodward, 69 App. Div. 286.) *704That question, was tried on affidavits instead of oral testimony, a practice to be discouraged, particularly where, as here, nice questions both of fact and of law are involved. It was important to .show definitely the agreement, pursuant to which the bond and mortgage of February 11,1892, were given, the agreement pursuant to which the deed of August 10, 1892, was given,.and the intention of the parties to both transactions. Even though affidavits in place…

2Cases cited1 opinion

  1. In re the Judicial Settlement of the Accounts of WoodwardAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by6 opinions

  1. In Re the Accounting of HearnsNew York Court of Appeals · 1915
  2. In re the Estate of MelzakNew York Surrogate's Court · 1934
  3. In re the Estate of BielbyNew York Surrogate's Court · 1915
  4. In re the Estate of BakerNew York Surrogate's Court · 1937
  5. In re the Estate of ThalerNew York Surrogate's Court · 1937

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