Legal Opinion

Livermore v. Wortman

New York Supreme Court

Decided October 15, 1881Published

Appeal from a decree of the surrogate of tbe county of New York, settling the accounts of tbe appellant as collector of tbe state of James Mairs, deceased.

1Opinion of the Court

Daniels, J.:

Tbe appeal has been taken from so much of the decree as charged tbe appellant with interest at tbe rate of seven per cent upon moneys received by him while he acted as collector of tbe estate. He was appointed for that purpose pending a contest relative to tbe proof of a will, in which be was nominated executor, and complete authority for that purpose was conferred by statute upon the surrogate. (3 R. S. [5th ed.], 160, 161, §§ 38-43.)

As such collector, by tbe terms of chapter 71, Laws 1864, it became bis duty, when moneys belonging to tbe estate wrere received by him, to deposit…

2Cases cited3 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Harrington v. LibbyNew York Court of Common Pleas · 1875
  3. Baskin v. BaskinNew York Supreme Court · 1871

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