In re Reeves
New York Supreme Court
Appeal from surrogate’s court, Hew York county. In the matter of the final accounting of Robert C. Beeves, executor, etc., of the estate of Abraham Denike, deceased. Appeal by the executor from the summons or direction of the surrogate requiring him to appear and submit to a cross-examination as to the items of his bill of costs.
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Appeal from surrogate’s court, Hew York county. In the matter of the final accounting of Robert C. Beeves, executor, etc., of the estate of Abraham Denike, deceased. Appeal by the executor from the summons or direction of the surrogate requiring him to appear and submit to a cross-examination as to the items of his bill of costs. Code Civil Proc. § 2562, provides that “the surrogate may, in his discretion, allow to an executor, administrator, guardian, or testamentary trustee, upon a judicial settlement of his account, or on an intermediate accounting required by the surrogate, such a sum as…
1Opinion of the CourtDaniels, J.
In the bill of costs of the attorney and counsel for the executor, he has charged for 106 days, less 2 and adjournments not specified, for time occupied in the trial or hearing upon the settlement of the executor’s accounts, in preparing such accounts, and preparing for the trial or hearing. The estate was neither large nor complicated, and these charge's must necessarily have excited the suspicion and incredulity of the surrogate. Whether they should be allowed or not, to a very great extent, depended upon the exercise of his discretion, as that has been regulated under sections 2561, 2562,…
2Cited by4 opinions
- Ditch v. FinkelsteinLouisiana Court of Appeal · 1981
- Eves v. Morgan City FundLouisiana Court of Appeal · 1971
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1896
- In re Goetschius' EstateNew York Surrogate's Court · 1893