White v. Bullock
New York Court of Appeals
Charles L. White sued Eobert Bullock, in the supreme court, to recover his half of commissions allowed by the surrogate on the settlement of accounts of the parties as co-executors of the estate of one Mounsey.
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Charles L. White sued Eobert Bullock, in the supreme court, to recover his half of commissions allowed by the surrogate on the settlement of accounts of the parties as co-executors of the estate of one Mounsey. Plaintiff put in evidence the surrogate’s decree adjusting the accounts of the parties as such executors; and also offered the accounts themselves, sworn to hy each of the parties, which 'were excluded, on objection by ‘defendant’s counsel, that the decree decided that all but one hundred and twenty-one dollars was received by defendant alone, and not by defendant and plaintiff…
1Opinion of the Court
By the Court.
S. L. Seldey, J.
The Revised Statutes, in .prescribing the compensation to be allowed to executors and administrators, upon the settlement of their accounts before the surrogate, gave, in terms, no power to the surrogate to apportion that compensation among them where there were several. It is possible as intimated by the chancellor, in Valentine v. Valentine, 2 Barb. Ch. 430, that even prior to the *581latter act, the exercise of such a power would have been considered within the general range of the surrogate’s jurisdiction.
But upon the settlement of the executor’s accounts in this…
2Cases cited1 opinion
- Valentine v. ValentineNew York Court of Chancery · 1847
3Cited by3 opinions
- Ward v. FordNew York Surrogate's Court · 1879
- In re DunkelNew York Surrogate's Court · 1887
- In re the Judicial Settlement of the Accounts of McCormickNew York Surrogate's Court · 1905