Wells v. Disbrow
New York Supreme Court
Appeal from judgment on report of referee. Action by Charles E. Wells, as administrator with the will annexed of William Florence, deceased, against Florence Disbrow, individually, and as administratrix with the will annexed of Elizabeth Sands, deceased, and James A. McLaughlin and others, as executors of John Burke, deceased, for an accounting, and to recover the balance of an alleged legacy claimed to be due the estate of William Florence, deceased.
Read the full summary
Appeal from judgment on report of referee. Action by Charles E. Wells, as administrator with the will annexed of William Florence, deceased, against Florence Disbrow, individually, and as administratrix with the will annexed of Elizabeth Sands, deceased, and James A. McLaughlin and others, as executors of John Burke, deceased, for an accounting, and to recover the balance of an alleged legacy claimed to be due the estate of William Florence, deceased. From a judgment in favor of plaintiff, defendants appeal. Modified.
1Opinion of the CourtO’Brien, J.
The defendants appeal; the appellant Disbrow from the entire judgment, and the appellants McLaughlin and others from so much of the judgment as refused to credit their testator, John Burke, deceased, with commissions paid to the real-estate agents for collecting the rents. No serious-question of fact is presented, and for the purpose of determining the questions raised we may avail ourselves of the statement of facts fully set out in the appellant Disbrow’s brief. The action is in equity for an accounting. Plaintiff seeks to recover certain arrears of a legacy bequeathed to William Florence…
2Cited by5 opinions
- In re the Judicial Settlement of the Accounts of the Binghamton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
- In re Binghamton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
- In re the Estate of GrunhutNew York Surrogate's Court · 1935
- In re the Judicial Settlement of the Account of Proceedings of HammerNew York Surrogate's Court · 1916
- Estate Bernice P. BishopHawaii Supreme Court · 1943