In re Leslie
New York Surrogate's Court
The report of the auditor in the final accounting of Alexander M. Leslie, executor, found that the executor admitted an indebtedness to the estate upon certain promissory notes existing at the death of the testator, July 3, 1873, with interest to that date, amounting to $9,035.41, and that it appeared from the testimony that he was further indebted for sums of money loaned and advanced to him in the life time of the testator; of $300 loaned and advanced November 22, 1869,…
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The report of the auditor in the final accounting of Alexander M. Leslie, executor, found that the executor admitted an indebtedness to the estate upon certain promissory notes existing at the death of the testator, July 3, 1873, with interest to that date, amounting to $9,035.41, and that it appeared from the testimony that he was further indebted for sums of money loaned and advanced to him in the life time of the testator; of $300 loaned and advanced November 22, 1869, with interest from that date; for like advance, December 24,1869, $500; December 29, the same year, $300 ; February…
1Opinion of the Court
The Surrogate.
— On the motion to confirm the report of the auditor, the counsel for the executor claimed that the auditor had no authority to pass upon the claims of the estate against the executor, as they were disputed; and that the giving of the legacy was evidence that the deceased did not intend to enforce the payment of his . claims against the executor.
It appears, however, that the claims against the executor were not only included in the inventory, but inserted as subsisting claims in the account rendered by the executor, and there is no pretence, on *282his part, that he has ever paid…
2Cited by3 opinions
- Kimball v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of CordierNew York Surrogate's Court · 1938
- Kimball v. ScribnerNew York Surrogate's Court · 1916