In Re the Accounting of Sherman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1916, which affirmed a decree of the Saratoga' County Surrogate’s Court, settling and surcharging the accounts of the temporary administrator of the estate of William S. Deyo, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1916, which affirmed a decree of the Saratoga' County Surrogate’s Court, settling and surcharging the accounts of the temporary administrator of the estate of William S. Deyo, deceased. The facts, so far as material, are stated in the opinion. Sherman’s evidence being given, there being nothing inherently improbable about it, and it being wholly uncontradicted and believed by the surrogate, who has expressly found that he told the truth, the surrogate was in error in holding…
1Opinion of the CourtCrane, J.
On March 25th, 1914, William S. Deyoe, a resident of the town of Northumberland, Saratoga county, died leaving a last will and testament in which the appellant, Frank R. Sherman, was named as sole executor. Probate being contested, the appellant on the 31st day of March was granted letters of temporary administration. After the will was admitted to probate Frank R Sherman renounced the executorship and letters of administration with the will annexed were issued to Maude Van Denburgh, the respondent herein, who duly qualified and has since been acting in that capacity.
On August 20th, 1914, the…
2Cases cited6 opinions
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Hamlin v. . StevensNew York Court of Appeals · 1903
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Roberge v. . BonnerNew York Court of Appeals · 1906
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3Cited by21 opinions
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- In RE COLLINSON ESTATE v. McNuttIndiana Supreme Court · 1953
- Estate of Goldman v. CommissionerUnited States Tax Court · 1996
- In re the Estate of PresenderAppellate Division of the Supreme Court of the State of New York · 1954
- In re the Estate of EhlersNew York Surrogate's Court · 1928
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