In re the Estate of Goldberg

Appellate Division of the Supreme Court of New York

In re the Estate of Goldberg

249 A.D. 923, 293 N.Y.S. 353, 1937 N.Y. App. Div. LEXIS 10171

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

DecidedJanuary 13, 1937

StatusPublished

This text of 249 A.D. 923 (In re the Estate of Goldberg) 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 Goldberg, 249 A.D. 923, 293 N.Y.S. 353, 1937 N.Y. App. Div. LEXIS 10171 (N.Y. Ct. App. 1937).

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Opinion

Order of April 9, 1936, reversed on the facts as a matter of discretion, with ten dollars costs and disbursements payable out of the estate, and order granted to reopen the accounting of September 28, 1934, fully and for all purposes, without costs. Order of March 30, 1936, reversed, without costs. Memorandum: The first accounting herein was based upon uncertain and inaccurate data, and the estate was managed in an informal manner, and the accounting was reopened only partially and for a reaccounting as to one item only. We think the best result will be obtained by having the whole account restated by the surrogate. All concur. (One order dismisses objections to the account of the executor and the other order denies a motion to vacate order ratifying and confirming a decree settling the account.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Cunningham, JJ.

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Order of April 9, 1936, reversed on the facts as a matter of discretion, with ten dollars costs and disbursements payable out of the estate, and order granted to reopen the accounting of September 28, 1934, fully and for all purposes, without costs. Order of March 30, 1936, reversed, without costs. Memorandum: The first accounting herein was based upon uncertain and inaccurate data, and the estate was managed in an informal manner, and the accounting was reopened only partially and for a reaccounting as to one item only. We think the best result will be obtained by having the whole account restated by the surrogate. All concur. (One order dismisses objections to the account of the executor and the other order denies a motion to vacate order ratifying and confirming a decree settling the account.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Cunningham, JJ.

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Bluebook (online)

249 A.D. 923, 293 N.Y.S. 353, 1937 N.Y. App. Div. LEXIS 10171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-goldberg-nyappdiv-1937.