In re the Judicial Settlement of the Account of Proceedings of Linkins
Appellate Division of the Supreme Court of the State of New York
Appeal by Samuel O. Ochs, a legatee under the last will and testament of Robert Pluym, deceased, from that part of a decree of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 9th day of June, 1920, which modified the report of the referee in disallowing the claim of the legatee to fifteen per cent of $22,500, which had been approved by the referee, and as stated in the notice of appeal said legatee appeals also upon the facts…
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Appeal by Samuel O. Ochs, a legatee under the last will and testament of Robert Pluym, deceased, from that part of a decree of the Surrogate’s Court of the county of New York, entered in the office of said surrogate on the 9th day of June, 1920, which modified the report of the referee in disallowing the claim of the legatee to fifteen per cent of $22,500, which had been approved by the referee, and as stated in the notice of appeal said legatee appeals also upon the facts and asks the court to exercise its powers under section-2763 of the Code of Civil Procedure.
1Opinion of the Court
Greenbaum, J.:
Samuel O. Ochs, a legatee under the last will and testament of Robert 'Pluym, deceased, appeals from so much of the decree of the surrogate of the county of New York as modified *567the report of Peter B. Olney, Esq., referee appointed by the surrogate to pass upon the accounts of the executor of the estate, in disallowing the claim of said Ochs to fifteen per cent of $22,500, which had been approved by the referee.
The facts are, briefly, these: Samuel 0. Ochs, the claimant, was a partner of the deceased Robert Pluym under a partnership agreement dated July 17, 1913, for the sale…
2Cases cited2 opinions
- Burger v. . BurgerNew York Court of Appeals · 1888
- Duncan v. GuestNew York Surrogate's Court · 1881
3Cited by3 opinions
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of BachNew York Surrogate's Court · 1975
- In re the Estate of PrattNew York Surrogate's Court · 1985