In re the Final Judicial Settlement of the Account of Proceedings of Ferris

Appellate Division of the Supreme Court of New York

In re the Final Judicial Settlement of the Account of Proceedings of Ferris

172 A.D. 897, 156 N.Y.S. 1122

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

DecidedDecember 15, 1915

StatusPublished

This text of 172 A.D. 897 (In re the Final Judicial Settlement of the Account of Proceedings of Ferris) 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 Final Judicial Settlement of the Account of Proceedings of Ferris, 172 A.D. 897, 156 N.Y.S. 1122 (N.Y. Ct. App. 1915).

Pincite

Opinion

The burden was on the objector to show the value of the [898]*898earrings. No competent evidence of it was given; therefore, the appraisal at $350 should be retained. The cash collected could not begin to draw interest before January 1, 1914, and Violet M. Barlow is entitled on her distributive share to such interest as it would have earned in the bank at four per cent beginning on that date. To such extent as the administrator has overpaid Lillian Barlow, he should be surcharged. Decree of the Surrogate’s, Court of Westchester county amended in accordance with this memorandum, and as so amended affirmed, without costs. Jenks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred. Settle order before Mr. Justice Thomas.

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The burden was on the objector to show the value of the [898]*898earrings. No competent evidence of it was given; therefore, the appraisal at $350 should be retained. The cash collected could not begin to draw interest before January 1, 1914, and Violet M. Barlow is entitled on her distributive share to such interest as it would have earned in the bank at four per cent beginning on that date. To such extent as the administrator has overpaid Lillian Barlow, he should be surcharged. Decree of the Surrogate’s, Court of Westchester county amended in accordance with this memorandum, and as so amended affirmed, without costs. Jenks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred. Settle order before Mr. Justice Thomas.

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Bluebook (online)

172 A.D. 897, 156 N.Y.S. 1122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-final-judicial-settlement-of-the-account-of-proceedings-of-ferris-nyappdiv-1915.