Legal Opinion

In re the Judicial Settlement of the Account of McAleenan

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 4 opinions

Appeal by Mary Lavery and others, infants, by Augustine R. McMahon, their special guardian, and the said special guardian as such, from the following, portions of a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 12th day of March, 1900, settling the accounts of Henry McAleenan, as executor, etc., of Margaret Lavery, deceased.

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Appeal by Mary Lavery and others, infants, by Augustine R. McMahon, their special guardian, and the said special guardian as such, from the following, portions of a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 12th day of March, 1900, settling the accounts of Henry McAleenan, as executor, etc., of Margaret Lavery, deceased. “I. Wherein the said surrogate modifies the referee’s report herein by *subcharging the account of the accountant with the benefit fund in the Catholic Benevolent Legion, amounting to $3,000, and the benefit fund in…

1Opinion of the Court

Ingraham, J.:

The executor to whom letters testamentary of the estate of Margaret Lavery had been issued presented his accounts to the sur-, rogate for settlement, and creditors of the estate filed objections to the accounts, based upon the failure of the executor to charge himself with various sums of money received from benevolent associations which became payable to the testatrix as widow of John Lavery, deceased. The questions presented on the accounting were referred to a referee. It appeared from the testimony before the referee that the executor received from two benevolent associations…

2Cases cited3 opinions

  1. In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
  2. In re the Judicial Settlement of the Account of YetterAppellate Division of the Supreme Court of the State of New York · 1899
  3. In re Roberts' EstateNew York Supreme Court · 1893

3Cited by4 opinions

  1. In re the Judicial Settlement of the Account of ThornburghNew York Surrogate's Court · 1911
  2. In re the Judicial Settlement of the Account of ClyneNew York Surrogate's Court · 1911
  3. In re the Judicial Settlement of the Account of NestellNew York Surrogate's Court · 1911
  4. In re RosensonAppellate Division of the Supreme Court of the State of New York · 1936

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