In Re the Accounting of Thompson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 15, 1905, which affirmed a decree of the Kings County Surrogate’s Court surcharging the accounts of the executrix herein in a proceeding for an involuntary accounting. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 15, 1905, which affirmed a decree of the Kings County Surrogate’s Court surcharging the accounts of the executrix herein in a proceeding for an involuntary accounting. The facts, so far as material, are stated in the opinion. The surrogate had no jurisdiction to determine the question whether the proceeds of this policy were liable to the claims of the husband’s creditors. (Matter of Colton, 159 N. Y. 129; Kittel v. Domeyer, 175 N. Y. 205; Matter of Bunting, 98 App. Div.…
1Opinion of the CourtVann, J.
This proceeding was commenced before the surrogate of Kings county by Charles A. Bryan, a creditor of Francis A. Thompson, deceased, to compel Ella S. Thompson, his executrix, to make and file an account of her proceedings. An order was made accordingly and thereupon she filed an account in which she stated that all the property received by her as executrix was worth but ten dollars, and that she had paid out for funeral expenses the sum of $188, thus leaving a deficit. The creditor filed objections to the account and alleged that the executrix had omitted to state the collection by her of…
2Cases cited16 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Riggs v. . CraggNew York Court of Appeals · 1882
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3Cited by22 opinions
- Chatham Phenix National Bank v. CrosneyNew York Court of Appeals · 1929
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- Addiss v. SeligNew York Court of Appeals · 1934
- Guffanti v. . National Surety Co.New York Court of Appeals · 1909
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
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