In re the Compulsory Accounting Levine

Appellate Division of the Supreme Court of New York

In re the Compulsory Accounting Levine

279 A.D. 663, 107 N.Y.S.2d 939, 1951 N.Y. App. Div. LEXIS 3386

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

DecidedNovember 14, 1951

StatusPublished

Cited by2 cases

This text of 279 A.D. 663 (In re the Compulsory Accounting Levine) 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 Compulsory Accounting Levine, 279 A.D. 663, 107 N.Y.S.2d 939, 1951 N.Y. App. Div. LEXIS 3386 (N.Y. Ct. App. 1951).

Pincite

Opinion

It fairly appears from the proof that by reason of the services of petitioner, an attorney, appointment of an administrator of an estate with alleged assets of no more than $500 was superseded by probate of a will, with a concession on the part of the executors that assets totaled approximately $40,000. The services were of benefit generally to all of the legatees and particularly to those of charitable nature, which had received only a nominal amount prior to the petitioner’s services but thereafter were paid in full. On all of the facts, the petitioner is entitled to be paid out of general assets and in consequence, as a creditor of the estate, is entitled to compel an accounting. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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It fairly appears from the proof that by reason of the services of petitioner, an attorney, appointment of an administrator of an estate with alleged assets of no more than $500 was superseded by probate of a will, with a concession on the part of the executors that assets totaled approximately $40,000. The services were of benefit generally to all of the legatees and particularly to those of charitable nature, which had received only a nominal amount prior to the petitioner’s services but thereafter were paid in full. On all of the facts, the petitioner is entitled to be paid out of general assets and in consequence, as a creditor of the estate, is entitled to compel an accounting. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

279 A.D. 663, 107 N.Y.S.2d 939, 1951 N.Y. App. Div. LEXIS 3386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-compulsory-accounting-levine-nyappdiv-1951.

Opinion

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