In re the Accounting of Chaiet

Appellate Division of the Supreme Court of New York

In re the Accounting of Chaiet

11 A.D.2d 1018, 206 N.Y.S.2d 878, 1960 N.Y. App. Div. LEXIS 7514

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

DecidedOctober 25, 1960

StatusPublished

This text of 11 A.D.2d 1018 (In re the Accounting of Chaiet) 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 the Accounting of Chaiet, 11 A.D.2d 1018, 206 N.Y.S.2d 878, 1960 N.Y. App. Div. LEXIS 7514 (N.Y. Ct. App. 1960).

Pincite

Opinion

Decree unanimously modified on the law, on the facts, and in the exercise of discretion, to the extent of vacating the reduction of the allowable funeral expenses to the sum of $750 and the proceeding remanded for the taking of proof as to the circumstances and bona fides of the payment of such funeral expenses, without costs to any party. The circumstance that a brother of decedent paid the funeral expenses in the first instance should be explored. If such payment was actually made and the administrator had no defense to a claim therefor, he is entitled to have the reimbursement he made to the brother allowed completely. So, too, the circumstances in obligating the estate for a headstone at the price of $496 requires inquiry. Such exploration is merited despite agreement with the Surrogate’s conclusion that, prima facie, the funeral expenses were excessive in an estate of this size. Settle order on notice. Concur — Botein, P. J., Breitel, McNally and Steveijs, JJ.

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Decree unanimously modified on the law, on the facts, and in the exercise of discretion, to the extent of vacating the reduction of the allowable funeral expenses to the sum of $750 and the proceeding remanded for the taking of proof as to the circumstances and bona fides of the payment of such funeral expenses, without costs to any party. The circumstance that a brother of decedent paid the funeral expenses in the first instance should be explored. If such payment was actually made and the administrator had no defense to a claim therefor, he is entitled to have the reimbursement he made to the brother allowed completely. So, too, the circumstances in obligating the estate for a headstone at the price of $496 requires inquiry. Such exploration is merited despite agreement with the Surrogate’s conclusion that, prima facie, the funeral expenses were excessive in an estate of this size. Settle order on notice. Concur — Botein, P. J., Breitel, McNally and Steveijs, JJ.

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Bluebook (online)

11 A.D.2d 1018, 206 N.Y.S.2d 878, 1960 N.Y. App. Div. LEXIS 7514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-chaiet-nyappdiv-1960.