In re the Estate of Beilstein

Appellate Division of the Supreme Court of New York

In re the Estate of Beilstein

65 A.D.2d 555, 409 N.Y.S.2d 125, 1978 N.Y. App. Div. LEXIS 13187

Appellate Division of the Supreme Court of the State of New York·Decided October 2, 1978·Published·Cited by 1 cases

Opinion

In a proceeding to judicially settle an executor’s account, the appeal is from a decree of the Surrogate’s Court, Kings County, dated September 15, 1977, which settled the account pursuant to a stipulation. Decree affirmed, with one bill of $50 costs and disbursements jointly to respondents payable personally by appellant. In the future it is suggested that when a settlement is being put on the record, the court should affirmatively require the assent of the parties instead of depending upon their silence. Damiani, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

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In a proceeding to judicially settle an executor’s account, the appeal is from a decree of the Surrogate’s Court, Kings County, dated September 15, 1977, which settled the account pursuant to a stipulation. Decree affirmed, with one bill of $50 costs and disbursements jointly to respondents payable personally by appellant. In the future it is suggested that when a settlement is being put on the record, the court should affirmatively require the assent of the parties instead of depending upon their silence. Damiani, J. P., Suozzi, Shapiro and Cohalan, JJ., concur.

In re the Estate of Beilstein, 65 A.D.2d 555, 409 N.Y.S.2d 125, 1978 N.Y. App. Div. LEXIS 13187 (N.Y. Ct. App. 1978).

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