In re Abramowitz

Appellate Division of the Supreme Court of New York

In re Abramowitz

253 A.D. 754, 300 N.Y.S. 935, 1937 N.Y. App. Div. LEXIS 5471

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 24, 1937

StatusPublished

This text of 253 A.D. 754 (In re Abramowitz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Abramowitz, 253 A.D. 754, 300 N.Y.S. 935, 1937 N.Y. App. Div. LEXIS 5471 (N.Y. Ct. App. 1937).

Pincite

Opinion

Decree of the Surrogate’s Court of Kings county settling the account of administrator and confirming the report of a referee appointed to hear and determine, reversed on the law and the facts, with costs to appellant, payable out of the estate, and administrator directed to file an amended account within twenty days after the entry and service of the order hereon and to include therein, as an asset of the estate for which he is charged, twenty-three shares of the capital stock of B. Abramowitz, Inc., and matter remitted to the Surrogate’s Court to enter a new decree in conformity herewith. In our opinion, the finding that the stock in question belonged to the administrator personally was against the weight of the credible evidence. The question of the value of this stock dependent in a substantial measure upon the validity of the conveyances of the properties and the sale of a business, must await future determination, if an issue arises with respect thereto. Appeals from so-called order confirming referee’s report and from that report dismissed. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Decree of the Surrogate’s Court of Kings county settling the account of administrator and confirming the report of a referee appointed to hear and determine, reversed on the law and the facts, with costs to appellant, payable out of the estate, and administrator directed to file an amended account within twenty days after the entry and service of the order hereon and to include therein, as an asset of the estate for which he is charged, twenty-three shares of the capital stock of B. Abramowitz, Inc., and matter remitted to the Surrogate’s Court to enter a new decree in conformity herewith. In our opinion, the finding that the stock in question belonged to the administrator personally was against the weight of the credible evidence. The question of the value of this stock dependent in a substantial measure upon the validity of the conveyances of the properties and the sale of a business, must await future determination, if an issue arises with respect thereto. Appeals from so-called order confirming referee’s report and from that report dismissed. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D. 754, 300 N.Y.S. 935, 1937 N.Y. App. Div. LEXIS 5471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-abramowitz-nyappdiv-1937.