In re the Proceeding for the Judicial Settlement of Account of Suess
New York Surrogate's Court
Proceedings upon the judicial settlement of the account of an administratrix.
1Opinion of the Court
Thomas, S.
— A careful examination of the record satisfies me that Carlotta Suess, as administratrix, surrendered and delivered the saloon, with its good will and fixtures, to Jacob Suess, at or before the time of her marriage to him, and that thereafter he was permitted by her to treat it as his own. She either sold the property to him for a consideration, or she gave *544it to him, and whether she did the one or the other her liability is the same. In order that she should be chargeable with the proceeds of the business it must appear that those proceeds were received by her, or were under her…
2Cases cited2 opinions
- Livingston v. . ArnouxNew York Court of Appeals · 1874
- Estate of MunzorNew York Surrogate's Court · 1893
3Cited by3 opinions
- Cates v. CatesSupreme Court of Alabama · 1958
- In re the Judicial Settlement of an Account of Proceedings of the United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- In re ByrnesAppellate Division of the Supreme Court of the State of New York · 1906