In Re the Accounting of Hearns
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 21,1914, which reversed a decree of the Kings County Surrogate’s Court settling the accounts of the executors of Stewart Barr, deceased, in so far as such decree purports to deal with the membership of said decedent in the New York Stock Exchange. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 21,1914, which reversed a decree of the Kings County Surrogate’s Court settling the accounts of the executors of Stewart Barr, deceased, in so far as such decree purports to deal with the membership of said decedent in the New York Stock Exchange. The facts, so far as material, are stated in the opinion. The executors, and not the liquidating partner, are responsible for the Stock Exchange membership not being sold. (Binger Co. v. Plumberg, 134 N. Y. Supp. 115; Hirsch v. Amin, 28…
1Opinion of the CourtChase, J.
This appeal is in a proceeding commenced • in the Surrogate’s Court for an accounting by the executors of the decedent. The testator whose estate is the subject of the accounting was at the time of his death one of the partners composing the firm of Barr & Hearns, engaged in the stock brokerage business.
The testator, Stewart Barr, and Joseph J. Hearns entered into a partnership agreement on the 12th day of January, 1905, which was re-written and re-stated on the 13th day of February, 1906, and was in force when Barr died. The agreement as re-stated provides that the membership in the New York…
2Cases cited7 opinions
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
- Hannahs v. . HannahsNew York Court of Appeals · 1877
- In re Heuser's EstateNew York Supreme Court · 1895
- In re the Judicial Settlement of the Accounts of WoodwardAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Judicial Settlement of the Account of Proceedings of SloaneAppellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re the Accounting of GrunerNew York Court of Appeals · 1946
- In Re Trust Created by Will of EngerSupreme Court of Minnesota · 1948
- In re DoelgerAppellate Division of the Supreme Court of the State of New York · 1938
- In re the Judicial Settlement of the Intermediate Accounts of Proceedings of Bank of New York & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In re the Estate of KalikNew York Surrogate's Court · 1942
20 more not listed; retrieve them via the Exa API.