Legal Opinion · Dissent
In re the Accounting of Raftery
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1955PublishedCited by 1 opinion
1DissentCohn, J.
The decree of May 21, 1953, did not fix and defer payment of the compensation of the Referee. It allowed the amount fixed and directed that it was “ to be paid out of the assets of this estate ”. The executors needed no more authority than was contained in the decree in order to properly make payment. As a consequence interest should be allowed on the amount awarded from the date of the decree (Matter of Borden, 182 Misc. 501; Matter of Noe, 178 N. Y. S. 774.) The appeal taken from the decree of May 21, 1953, did not stop the running of interest (Matter of Garrabrant, 178 App. Div. 23). In…
2Cases cited5 opinions
- Dunford v. . WeaverNew York Court of Appeals · 1881
- In re the Estate of BlackNew York Surrogate's Court · 1942
- In re the Judicial Settlement of the Accounts of GarrabrantAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Accounting of NickersonNew York Surrogate's Court · 1944
- In re the Estate of BakerNew York Surrogate's Court · 1937
3Cited by1 opinion
- In re the Arbitration between Grainger & Shea Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1955