Legal Opinion

In re the Estate of Rees

New York Surrogate's Court

Decided July 13, 1940PublishedCited by 2 opinions

1Opinion of the Court

Foley, S.

The application to compel the executor to file his account is denied. The defense of the executor that the right of the petitioner, Anna Davies, to participate in any further distribu*813tion 'of the estate was terminated by her written agreement made on February 29, 1940, and the release and the receipt executed on April 1, 1940, simultaneously with the payment to her of $30,000 in full satisfaction of her share of the estate, is sustained. The release alone constitutes an effective bar to her right to compel an accounting. (Matter of Stone, 272 N. Y. 121; Matter of Schoenewerg, 277 id.…

2Cases cited6 opinions

  1. In Re the Estate of StoneNew York Court of Appeals · 1936
  2. Fisher v. FisherNew York Court of Appeals · 1930
  3. Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1924
  4. In Re the Accounting of PruynNew York Court of Appeals · 1894
  5. In re the Estate of GouldNew York Surrogate's Court · 1939

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3Cited by2 opinions

  1. In re the Estate of AmusoNew York Surrogate's Court · 1959
  2. Davies v. StumpfNew York Supreme Court · 1942

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