In re the Judicial Settlement of the Account of Proceedings of Van Alstyne
Appellate Division of the Supreme Court of the State of New York
Appeal by Laura L.- Van Alstyne, individually and as executrix, etc., and another, from a decree of the Surrogate’s Court of .the county of Albany, entered in said Surrogate’s Court on the 18th day of May, 1910, confirming the amended report of a referee surcharging the account of said executrix.
1Per curiam
After our former decision herein (142 App. Div. 209) a reargument was .granted on the ground that although the record as it then stood did not so disclose, the actual facts occurring upon the trial 'would show that the testimony of Mrs. Van Alstyne given in her behalf was received under such circumstances and objection as rendered her incompetent to testify.
Leave was given to resettle the case and it now appears that such claim was unfounded and that Mrs. Van Alstyne wasfa competent witness to testify in her own behalf to the facts *412which she disclosed and which this court held proved a…
2Cases cited3 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Killian v. HeinzerlingAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of Account of Proceedings of Van AlstyneAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- In re the Estate of MatheronNew York Surrogate's Court · 1955