In re the Estate of Rice

Appellate Division of the Supreme Court of New York

In re the Estate of Rice

41 A.D.2d 729, 341 N.Y.S.2d 660, 1973 N.Y. App. Div. LEXIS 4865

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

DecidedMarch 22, 1973

StatusPublished

This text of 41 A.D.2d 729 (In re the Estate of Rice) 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 Rice, 41 A.D.2d 729, 341 N.Y.S.2d 660, 1973 N.Y. App. Div. LEXIS 4865 (N.Y. Ct. App. 1973).

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Opinion

Order, Supreme Court, New York County, entered on December 12, 1972, appointing a private Referee herein to examine the account of the committee of the deceased incompetent and report to the court with his recommendation thereon, unanimously reversed, on the law and in the exercise of discretion, without costs and without disbursements, the order of reference vacated and the matter remanded to Special Term for further appropriate proceedings. The residuary legatees under the will of the incompetent are all adults and were made parties to this accounting proceeding. They all submitted consents to the entry of judgment as prayed for in the petition. No one appeared in opposition to the relief sought by petitioner. No showing whatsoever of a possible controversy concerning the account was made either below or in this court. Under the circumstances the appointment of a private Referee herein was unnecessary. (See, Matter of Wilder v. Straus-Buparquet, 5 A D 2d 1, 3.) Concur — Markewich, J. P., Nunez, Kupferman, Murphy and Capozzoli, JJ.

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Order, Supreme Court, New York County, entered on December 12, 1972, appointing a private Referee herein to examine the account of the committee of the deceased incompetent and report to the court with his recommendation thereon, unanimously reversed, on the law and in the exercise of discretion, without costs and without disbursements, the order of reference vacated and the matter remanded to Special Term for further appropriate proceedings. The residuary legatees under the will of the incompetent are all adults and were made parties to this accounting proceeding. They all submitted consents to the entry of judgment as prayed for in the petition. No one appeared in opposition to the relief sought by petitioner. No showing whatsoever of a possible controversy concerning the account was made either below or in this court. Under the circumstances the appointment of a private Referee herein was unnecessary. (See, Matter of Wilder v. Straus-Buparquet, 5 A D 2d 1, 3.) Concur — Markewich, J. P., Nunez, Kupferman, Murphy and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 729, 341 N.Y.S.2d 660, 1973 N.Y. App. Div. LEXIS 4865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-rice-nyappdiv-1973.