Lacey v. Davis
New York Surrogate's Court
This was a rehearing of a motion to confirm an auditor’s report on final accounting of executors, after the taking of additional testimony at the instance of the executrix. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
When this matter was before me on a former occasion, I held that, inasmuch as the executrix had joined with the executor Davis, in rendering an account under oath, which purported to be an account of all their proceedings as executor and executrix of Frederick Lacey, deceased, and contained a list of investments, with a statement that the said investments of the funds of the estate were made by the executors, it was incumbent upon her, if she claimed to be exempt from liability on any of the said investments, to prove the facts on which she founded such claim, and I granted her…
2Cases cited15 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Clark v. ClarkNew York Court of Chancery · 1840
- Wood v. . BrownNew York Court of Appeals · 1866
- Johnson v. CorbettNew York Court of Chancery · 1844
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3Cited by1 opinion
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900