Wright v. Wright
New York Surrogate's Court
Isr December, 1873, the administrator took initiatory steps for the rendering and settlement of his accounts. The account was filed in January, 1873, and subsequently objections thereto were filed. Among other things, the administrator claimed that he was joint owner with the intestate of the steamer Daniel Webster, and that the deceased owed him about $300,000 for the half of her net earnings.
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Isr December, 1873, the administrator took initiatory steps for the rendering and settlement of his accounts. The account was filed in January, 1873, and subsequently objections thereto were filed. Among other things, the administrator claimed that he was joint owner with the intestate of the steamer Daniel Webster, and that the deceased owed him about $300,000 for the half of her net earnings. The' sum so claimed amounted to or exceeded the whole assets left by the deceased. In July, 1873, the administrator commenced the introduction of testimony to establish his claim, which became the…
1Opinion of the Court
The Surrogate.—When this question was first decided (16 Abb. Pr., N. S., 429), it was done without the knowledge of any payments having been made by the administrator to the next-of-kin on account of their distributive shares. On the case being reopened in order to permit the administrator to prove such payments as he did, to the extent of upwards of $114,000, the allegation and proof of which had been theretofore suppressed, a new element, strengthening very materially the justice of the conclusion already reached, was added to the case.
The evidence offered on the part of the administrator,…
2Cases cited2 opinions
- Garniss v. GardinerNew York Court of Chancery · 1832
- New York Ice Co. v. ParkerThe Superior Court of New York City · 1861