In re for the Revocation of Letters Testamentary of Burr
Appellate Division of the Supreme Court of the State of New York
Separate appeals-by George M. Burr, as sole surviving executor, etc., and by Isabel D. Burr from a decree of the Surrogate’s Court of tbé county of Broome, entered in said Surrogate’s Court on the 20th day of July, 1905, revoking letters testamentary theretofore issued to said" George M. Burr upon the estate of Henry A. Sheldon, deceased.
1Per curiam
The surrogate has found that the executor was indebted to the estate-in a'large amount, evidenced by his, note for $10,984, dated November 9, 1899, playable on demand, which he did not include in the "inventory, and that snch omission was misconduct on his part. This finding is based upon an admission of the executor contained in an entry in an account book in evidence kept by him. Counsel for the executor urges that no such claim was made in the petition" for the removal of the executor or litigated on the trial, and that the first knowledge he or. the executor had that any such question was…
2Cited by2 opinions
- In re the Application for the Revocation of Letters Testamentary of George M. BurrAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of HowardNew York Surrogate's Court · 1951