Valentine v. Valentine
New York Surrogate's Court
Motioií to confirm auditor’s report on final accounting of administratrices. Exceptions were filed thereto in behalf of the next-of-kin of decedent. The first exception relates to the finding of the auditor '• that the purchase of a burial lot for decedent was necessary and proper; that the amount paid therefor was $351; that the administratrices used, due diligence and • economy in the selection, and that said item should be allowed.”
Read the full summary
Motioií to confirm auditor’s report on final accounting of administratrices. Exceptions were filed thereto in behalf of the next-of-kin of decedent. The first exception relates to the finding of the auditor '• that the purchase of a burial lot for decedent was necessary and proper; that the amount paid therefor was $351; that the administratrices used, due diligence and • economy in the selection, and that said item should be allowed.” The exception states that diligence and economy were not used, and that it was improper to purchase a whole family plot. The facts in relation to the purchase…
1Opinion of the Court
*270The Surrogate.—As to the first exception, which relates to the price of the burial plot, while I should regard it unreasonable if creditors of the decedent had intervened, yet, as the matter relates only to the rights' of next-of-kin, under the proof, I am of the opinion that the evidence does not show an unreasonable expenditure. In the first place, the estate, after the payment of debts, amounts to about $13,000, and the expenditure was made by two of the next-of-kin, acting through a third, three others not objecting, and presumably consenting. There is no evidence that a suitable lot…
2Cases cited1 opinion
- Bowen v. BowenNew York Surrogate's Court · 1853
3Cited by2 opinions
- In re WarrinAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of CollinsNew York Surrogate's Court · 1936