Van Valkenburg v. Lasher
New York Supreme Court
Appeal from circuit court, Delaware county. Frederick Lasher, of Middletown, Delaware county, IT. Y., died intestate October 29, 1884, leaving his widow, Anna M. Lasher, the plaintiffs and defendant herein, Janet Gill and others, his children and only heirs at law and next of kin. On the 16th of January said Anna M. Lasher was duly appointed administratrix of the estate of said decedent.
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Appeal from circuit court, Delaware county. Frederick Lasher, of Middletown, Delaware county, IT. Y., died intestate October 29, 1884, leaving his widow, Anna M. Lasher, the plaintiffs and defendant herein, Janet Gill and others, his children and only heirs at law and next of kin. On the 16th of January said Anna M. Lasher was duly appointed administratrix of the estate of said decedent. On the 11th day of June, 1886, said administratrix instituted proceedings for an accounting, and a citation was duly issued, returnable August 5,1886, in which the defendant was named as one of the next of…
1Opinion of the CourtMartin, J.
The only question which we deem it necessary to examine in this case is whether the decree of the surrogate of Delaware county, entered *777in the matter of the accounting by the plaintiffs with the estate of Frederick Lasher, deceased, was sufficient evidence of the defendant's liability to the plaintiffs to justify a recovery in this action. Ho proof of any claim, or indebtedness against the defendant was given, unless the decree of the surrogate was evidence thereof.
The question involved in the proceeding before the surrogate was whether the plaintiffs’ intestate had been guilty of negligence,…
2Cases cited1 opinion
- Greene v. DayNew York Surrogate's Court · 1882
3Cited by3 opinions
- In re the Judicial Settlement of the Intermediate Account of DuffyAppellate Division of the Supreme Court of the State of New York · 1908
- Meeks v. MeeksAppellate Division of the Supreme Court of the State of New York · 1907
- In re McCabeNew York Surrogate's Court · 1891