In re the Judicial Settlement of the Accounts of Watson
Appellate Division of the Supreme Court of the State of New York
Appeal by Thomas Watson and' others, as executors, etc., from so much of! a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on tlie 11th day of April, 1906, judicially settling the accounts of said executors, as surcharges their account in certain respects and reduces tlieir commissions. The principal item surcharged is a, judgment for $10,423.55’ recovered by the widow of the testator.
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Appeal by Thomas Watson and' others, as executors, etc., from so much of! a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on tlie 11th day of April, 1906, judicially settling the accounts of said executors, as surcharges their account in certain respects and reduces tlieir commissions. The principal item surcharged is a, judgment for $10,423.55’ recovered by the widow of the testator. The executors, appellants, were charged with this judgment on the ground that they were guilty of negligence or collusion in defrauding the estate against it. The…
1Opinion of the Court
Scott, J.:
It is very obvious that the executors cannot justify their payment of $10,423.55 to Mrs. Corbit, merely by proof of the judgment in her favor rendered upon the reference of her claim. Hot only did they make no real defense to the claim, but the executor Watson, who was a witness upon the reference, and who confessedly knew all about the transactions between Mr. Corbit and his wife, did not lay all the facts before the referee. It is made very plain from the evidence and the circumstances that the executors desired to pay Mrs. Corbit’s claim (doubtless honestly deeming it an…
2Cases cited4 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Dye v. KerrNew York Supreme Court · 1851
- In re the Judicial Settlement of the Account of Proceedings of WatsonAppellate Division of the Supreme Court of the State of New York · 1905
- In re Saunders' EstateNew York Surrogate's Court · 1893
3Cited by3 opinions
- Beekman v. BeekmanNew York Supreme Court · 1911
- In re the Estate of HanretteNew York Surrogate's Court · 1931
- In re GrantAppellate Division of the Supreme Court of the State of New York · 1909