In re the Judicial Settlement of the Intermediate Account of Saunders
Appellate Division of the Supreme Court of the State of New York
Appeal by William H. Barnard, a creditor, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 31st day of March, 1908.
1Opinion of the Court
Jenks, J.:
This is an appeal from a decree of a Surrogate’s Court after a trial whereon the objections of Barnard, a creditor, to an executor’s account were overruled and the account was settled. By stipulation the sole issue tried was whether a claim of the executor against the estate should be allowed as against Barnard’s debt. Barnard’s claim as allowed by the executor is for $38,000. The claim of the executor is for $8,900. The funds of the estate are insufficient to meet the claims proven and allowed. The objection of Barnard rests upon estoppel. The executor was the father of the…
2Cases cited4 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- L'Amoureux v. VandenburghNew York Court of Chancery · 1838
- Erie County Savings Bank v. . RoopNew York Court of Appeals · 1872
- Kingman v. DunspaughAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Rainbow Commercial Alliance, Inc. v. LicciardiCivil Court of the City of New York · 1976