Legal Opinion

In Re the Judicial Settlement of the Accounts of Bolin

New York Court of Appeals

Decided November 29, 1892PublishedCited by 119 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon, an order made September 12,1892, which affirmed a judgment entered upon a decree of the Surrogate’s Court of the county of Kings, confirming the report of a referee appointed to take and state accounts of Bridget Bolin, administratrix of Julia Cody, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon, an order made September 12,1892, which affirmed a judgment entered upon a decree of the Surrogate’s Court of the county of Kings, confirming the report of a referee appointed to take and state accounts of Bridget Bolin, administratrix of Julia Cody, deceased. The facts, so far as material, are stated in the opinion. It was the plain intent of Julia Cody that the money deposited in the Emigrant Industrial Savings Bank should belong to Bridget Bolin. (Orr v. McGregor, 43 Hun, 528.) The…

1Opinion of the CourtGray, J.

The administratrix, and appellant here, was one of the daughters of Julia Cody, deceased, and she withheld upon her accounting a sum of money, which she had drawn from a savings bank. During her lifetime, Mrs. Cody had deposited it in her own name; but, subsequently, re-deposited it in an account entitled “ Julia Cody or daughter, Bridget Bolin.” A few years prior to Mrs. Cody’s death, upon an occasion when' they were both at the bank, the pass book came into the hands of her daughter Bridget; who thereafter retained the custody of it, as she, in fact, kept everything else of her mother’s.

The…

2Cited by119 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. Moskowitz v. MarrowNew York Court of Appeals · 1929
  3. In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
  4. Kelly v. . BeersNew York Court of Appeals · 1909
  5. In Re the Estate of BlumenthalNew York Court of Appeals · 1923

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