Cram v. Cram
New York Surrogate's Court
This was a proceeding for a final settlement of accounts of the executors, etc., of George 0. Oram, deceased. The objections to the accounts rendered by the executors were interposed by the widow, and embraced substantially but two subjects: First, as to certain expenses amounting to $1,750 charged against the income of the estate, whereas it was alleged that the amount was made up for expenses on certain property, unproductive, in Chicago, and for the purpose of…
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This was a proceeding for a final settlement of accounts of the executors, etc., of George 0. Oram, deceased. The objections to the accounts rendered by the executors were interposed by the widow, and embraced substantially but two subjects: First, as to certain expenses amounting to $1,750 charged against the income of the estate, whereas it was alleged that the amount was made up for expenses on certain property, unproductive, in Chicago, and for the purpose of extinguishing claims for dower thereon, and should therefore be charged to the body of the estate: Second, as to a charge by the…
1Opinion of the Court
The Surrogate.
As to the first objection, I think it is well taken. The expenditures referred to were incurred for the benefit of the body of the estate, and cannot with propriety be charged to the income.
I have given very careful attention to the question, as to the authority of the executors to make annual rests, and charge full commissions thereon. The earlier decisions seem to be quite uniform in holding that such commissions are only chargeable in cases where annual rests are made under the order of the Court, for the purpose of charging executors with interest. (Van Der Heyden v. Van Der…
2Cases cited1 opinion
- Vanderheyden v. VanderheydenNew York Court of Chancery · 1830
3Cited by6 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- Hancox v. . MeekerNew York Court of Appeals · 1884
- Ward v. FordNew York Surrogate's Court · 1879
- In re the Accounting of the & of MartensNew York Surrogate's Court · 1896
- Meeker v. CrawfordNew York Surrogate's Court · 1882
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