In Re the Accounting of Meng
New York Court of Appeals
Appeal from an order of the Appellate Division of. the Supreme Court in the first judicial department, entered June 20, 1919, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executor of Henry Bischoff, deceased, of a fund recovered as damages for negligence causing the death of the testator. 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 first judicial department, entered June 20, 1919, which affirmed a decree of the New York County Surrogate’s Court settling the accounts of the executor of Henry Bischoff, deceased, of a fund recovered as damages for negligence causing the death of the testator. The facts, so far as material, are stated in the opinion. The appellant, Elizabeth Bischoff, widow of the decedent, is entitled to receive the whole amount recovered, less the deduction authorized by statute. (Matter of Brennan, 160 App. Div. 401; Matter of…
1Opinion of the CourtCollin, J.
This proceeding was an .accounting in the Surrogate’s Court of New York county by James S. Meng, as executor of the last will and testament of Henry Bischoff, deceased. It was instituted December 22, 1915, by the filing of the petition and account of the executor, under section 2720 of the Code of Civil Procedure. The estate involved was the sum of $82,036.70, the avails of a judgment recovered, under sections' 1902-1905 of the Code of Civil Procedure, as damages for negligence causing the death of the testator. The avails were paid to the executor December 2, 1915. The decree of the…
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