Legal Opinion · Dissent

In re the Judicial Settlement of the Account of Proceedings of Van Alstyne

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

Decided November 15, 1911Published

Appeal by Laura L.- Van Alstyne, individually and as executrix, etc., and another, from a decree of the Surrogate’s Court of .the county of Albany, entered in said Surrogate’s Court on the 18th day of May, 1910, confirming the amended report of a referee surcharging the account of said executrix.

1Dissent

Betts, J. (dissenting):

This case has been before this court before and the decree of the surrogate was reversed. (See the opinion of a majority óf the court, reported in 142'App. Div. 209.) A motion for reargument was made by the executor which was granted.

Thomas J. Van Alstyne, the deceased, was a lawyer and at one time county judge of Albany county and had been a member of Congress from the Albany congressional district, and was a man of means and ability. He had been three times; married. By his first wife he had one son, the executor, Thomas B. Van Alstyne; by his second wife he had no…

2Cases cited3 opinions

  1. Young v. . YoungNew York Court of Appeals · 1880
  2. In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
  3. Alexandria Bay Steamboat Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897

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