Legal Opinion

In re the Final Judicial Settlement of the Accounts of Braunsdorf

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

Decided February 15, 1896PublishedCited by 7 opinions

Appeal by William Braunsdorf, individually, and as administrator, etc., of Laura L. Braunsdorf, deceased,' and others,, from the following named and'specified parts of a decree of .the Surrogate’s Court of the county of Rockland, entered in said Surrogate’s Cburt. on the 1st day of August, 1895, to wit: “ 1. They appeal from that portion of said decree which credits said executor with $7,049.91 out of the principal of said estate for repairs and improvements as per Schedule…

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Appeal by William Braunsdorf, individually, and as administrator, etc., of Laura L. Braunsdorf, deceased,' and others,, from the following named and'specified parts of a decree of .the Surrogate’s Court of the county of Rockland, entered in said Surrogate’s Cburt. on the 1st day of August, 1895, to wit: “ 1. They appeal from that portion of said decree which credits said executor with $7,049.91 out of the principal of said estate for repairs and improvements as per Schedule J, said sum being payable .only out of the income of said, estate and not oiit of principal thereof. “2. And from that…

1Opinion of the Court

Brown, P. J.:

The principal question presented by this appeal relates to an item of $7,049.91, which represents the amount paid by the executor for repairs and improvements to real estate. By the decree this amount ■ is charged against the principal of the estate, whereas the appellants claim that it should have been charged to and paid from income.

The total amount of principal of both real and personal estate charged to the executor by the decree was.......... $24,760 '13 ■

He was credited with legacies paid amounting to.... 17,184 46

Leaving a oalance of........................ $7,575 67

The…

2Cases cited1 opinion

  1. In re the Judicial Settlement of the Account of RolphNew York Surrogate's Court · 1890

3Cited by7 opinions

  1. In re the Judicial Settlement of the Accounts of BraunsdorfNew York Surrogate's Court · 1895
  2. In re the Judicial Settlement of the Accounts of WhitneyNew York Surrogate's Court · 1912
  3. Clausen v. PuvogelAppellate Division of the Supreme Court of the State of New York · 1906
  4. In re the Estate of DavisonNew York Surrogate's Court · 1940
  5. In re the Accounting of RidoshAppellate Division of the Supreme Court of the State of New York · 1957

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