In re the Judicial Settlement of the Accounts of Oakes
Appellate Division of the Supreme Court of the State of New York
Appeal by Jane Oakes and others, executors, etc., of Winifred Austin, deceased, from a decree of the Surrogate’s Court of the county of 2STew York, bearing date the 15th day of June, 1896, and entered in the office of said Surrogate’s Court, settling their accounts as executors of Winifred Austin, deceased.
1Opinion of the Court
Parker, J.:
On this review the executors complain of two features of the decree of the Surrogate’s Court. The first is, that it does not allow the sum of money paid out hy them for the expenses of probating the will of the deceased, which they claim amounts to $28,602.67, of which amount only the sum of $5,000 was allowed.
The second complaint is, that the general legatees were allowed interest at the rate of six per cent per annum so far as the moneys in the hands of the executor would pay the same. It is difficult to see why the executors should complain. They are not personally charged with…
2Cases cited1 opinion
- In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
3Cited by12 opinions
- Matter of RutherfurdNew York Court of Appeals · 1909
- In re the Estate of HarnedNew York Surrogate's Court · 1931
- In re the Estate of BielbyNew York Surrogate's Court · 1915
- In re the Estate of ErvingAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of GrubeNew York Surrogate's Court · 1938
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