In re the Estate of Barber

Appellate Division of the Supreme Court of New York

In re the Estate of Barber

283 A.D. 785, 128 N.Y.S.2d 902, 1954 N.Y. App. Div. LEXIS 5285

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

DecidedMarch 23, 1954

StatusPublished

Cited by2 cases

This text of 283 A.D. 785 (In re the Estate of Barber) 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 Estate of Barber, 283 A.D. 785, 128 N.Y.S.2d 902, 1954 N.Y. App. Div. LEXIS 5285 (N.Y. Ct. App. 1954).

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Opinion

— It is clear upon the face of the papers that there is a sufficiently substantial issue as to domicile of the testator to warrant a compromise of the estate tax liability between the States of New York and Connecticut. There is no indication that the suggested self-interest of the executors in the matter has influenced their judgment or action or that the compromise which they have effected is contrary to the interest of the estate or of the widow. On the basis of the present showing, it would appear that a sound judgment has been exercised by the executors and that the Surrogate was well within his discretion in refusing to entertain the application to pass upon the proposed compromise and to enjoin the executors from consummating it pending a hearing. The requested inquiry would hardly be practical at this stage of administration as it would involve a preliminary and superficial determination of some matters which must later be fully determined by the Surrogate and of other matters which may be academic. Also postponement of the compromise pending an inquiry might prejudice the consummation of the compromise and the interests of all concerned. Order unanimously affirmed, with $20 costs and disbursements to the respondents. Present — Peck, P. J., Callahan, Breitel, Bastow and Bergan, JJ. [205 Misc. 596.] [See post, p. 870.]

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— It is clear upon the face of the papers that there is a sufficiently substantial issue as to domicile of the testator to warrant a compromise of the estate tax liability between the States of New York and Connecticut. There is no indication that the suggested self-interest of the executors in the matter has influenced their judgment or action or that the compromise which they have effected is contrary to the interest of the estate or of the widow. On the basis of the present showing, it would appear that a sound judgment has been exercised by the executors and that the Surrogate was well within his discretion in refusing to entertain the application to pass upon the proposed compromise and to enjoin the executors from consummating it pending a hearing. The requested inquiry would hardly be practical at this stage of administration as it would involve a preliminary and superficial determination of some matters which must later be fully determined by the Surrogate and of other matters which may be academic. Also postponement of the compromise pending an inquiry might prejudice the consummation of the compromise and the interests of all concerned. Order unanimously affirmed, with $20 costs and disbursements to the respondents. Present — Peck, P. J., Callahan, Breitel, Bastow and Bergan, JJ. [205 Misc. 596.] [See post, p. 870.]

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Bluebook (online)

283 A.D. 785, 128 N.Y.S.2d 902, 1954 N.Y. App. Div. LEXIS 5285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-barber-nyappdiv-1954.

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