In re Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Westchester county. In the matter of the judicial settlement of the accounts of Mary A. Johnson, executrix of John Tighe, deceased. From a decree settling such accounts charging her with certain money, and enjoining executrix from acting under said will, she appeals.
1Opinion of the CourtHatch, J.
We agree in the main with the determination made by the learned surrogate, and for the most part concur in the reasons assigned by him for such determination in the opinion rendered by him. The executrix cannot complain if she has been charged with more money than she has received, and has not been credited with all of the sums paid out by her. In the several accounts rendered by her, each one contradicts the other; and they were presented finally in such a confused state that it was with great difficulty the items were separated for which she was entitled to credit from those for which she…
2Cases cited2 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- In re Murphy's WillNew York Supreme Court · 1895
3Cited by1 opinion
- In re the Judicial Settlement in the Estate of SoperAppellate Division of the Supreme Court of the State of New York · 1928