Legal Opinion

In re the Judicial Accounting of McKay

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

Decided July 1, 1902PublishedCited by 1 opinion

Appeal by H. K. McKay and others, next of kin of Inez McKay, deceased, from portions of a decree of the Surrogate’s Court of Steuben county, entered in said Surrogate’s Court on the 4th day of March, 1901, judicially settling the accounts of Charlotte McKay, as administratrix, etc., of Inez McKay, deceased.

1Opinion of the CourtHiscock, J.

This appeal is from that portion of the decree in question which struck out an item of $7,173.88, with which the above administra-* trix originally charged herself upon this accounting. Said sum was produced by the sale of the intestate’s interest in certain real estate during her lifetime. Said interest in said real estate had descended to her from her father, and the surrogate in striking out said item from the account of her administratrix adopted and followed the theory urged by the respondent herein that the proceeds of' said real estate were to be regarded as still real estate and,…

2Cases cited1 opinion

  1. Horton v. . McCoyNew York Court of Appeals · 1871

3Cited by1 opinion

  1. In re Simpson's EstateNew York Surrogate's Court · 1913

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