In Re the Accounting of Schnabel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1910, which modified and affirmed as modified a decree of the New-York County Surrogate’s Court settling the accounts of Katherine Schnabel, as administratrix of the estate of Charles A. Schnabel, deceased. The facts, so far as material, are stated in the opinion. The surrogate had the power to pass upon the controversy. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1910, which modified and affirmed as modified a decree of the New-York County Surrogate’s Court settling the accounts of Katherine Schnabel, as administratrix of the estate of Charles A. Schnabel, deceased. The facts, so far as material, are stated in the opinion. The surrogate had the power to pass upon the controversy. (Code Civ. Pro. § 2731.) The jurisdiction of the surrogate to pass upon the validity of these alleged transfers is incidental and necessary to his power…
1Opinion of the CourtGray, J.
Upon this appeal, the contending creditor is appellant and the administratrix is respondent, in a proceeding which was instituted by the former to compel the latter to account. The only one of the questions arising out of their controversy, which we need consider, is over the power of the surrogate to surcharge the account of the administratrix with a sum of money received by her upon a sale of personal property, made after the death of the intestate. The surrogate sustained the claim of the creditor and surcharged the • account; but the Appellate Division struck out the item. The intestate…
2Cases cited2 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- In Re the Accounting of ThompsonNew York Court of Appeals · 1906
3Cited by13 opinions
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- In Re the Accounting of WatsonNew York Court of Appeals · 1915
- In re the Judicial Settlement of the Account of WolfNew York Surrogate's Court · 1914
- In re the Estate of HeinzeAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of PenoNew York Surrogate's Court · 1927
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