Legal Opinion

In re the Judicial Settlement of the Account of the People's Trust Co.

New York Surrogate's Court

Decided February 15, 1913PublishedCited by 3 opinions

Proceeding upon the judicial settlement of the accounts of an executor.

1Opinion of the Court

Ketcham, S.

One of the executors presents a claim against the estate based upon an alleged assignment to him by the decedent of 250 shares of the stock of a corporation.

The instrument bears the unquestionable signature of the decedent and the equally authentic signatures of two persons apparently signing as witnesses. One of these two persons swears to the execution and delivery of the paper. The other swears that she was not present at any time when the assignment was either signed or delivered and that she signed it after the death of the decedent at the request of the claimant.

The delivery…

2Cases cited4 opinions

  1. Hamlin v. . StevensNew York Court of Appeals · 1903
  2. Rosseau v. . RoussNew York Court of Appeals · 1904
  3. Shakespeare v. . MarkhamNew York Court of Appeals · 1878
  4. Roberge v. . BonnerNew York Court of Appeals · 1906

3Cited by3 opinions

  1. In re the Judicial Settlement of the Account of McCabeNew York Surrogate's Court · 1923
  2. In re Estate of SchwartzNew York Surrogate's Court · 1914
  3. In re the Judicial Settlement of the Account of SullivanNew York Surrogate's Court · 1922

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