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In re the Judicial Settlement of the Account of Fuehrer

9 Mills Surr. 95, 75 Misc. 596, 136 N.Y.S. 173
CourtNew York Surrogate's Court
DecidedFebruary 15, 1912
StatusPublished

This text of 9 Mills Surr. 95 (In re the Judicial Settlement of the Account of Fuehrer) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Judicial Settlement of the Account of Fuehrer, 9 Mills Surr. 95, 75 Misc. 596, 136 N.Y.S. 173 (N.Y. Super. Ct. 1912).

Opinion

Ketcham, S.

The account should be settled as made. It is correct in charging upon the income the disbursements for taxes, insurance and such repairs as are not shown to be in the nature of permanent improvements. Matter of Albertson, 113 N. Y. 434; Stevens v. Melcher, 152 id. 551, and cases cited; Matter of Very, 24 Misc. Rep. 139.

The case of Kirchner v. Kirchner, 71 Misc. Rep. 61, while it correctly reproduces the effect of these authorities with respect to permanent improvements, is arrayed against the authorities in its declaration that the expenditures for insurance are to be apportioned between principal and income.

Decreed accordingly.

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Related

In Re the Judicial Settlement of the Account of Albertson
21 N.E. 117 (New York Court of Appeals, 1889)
Kirchner v. Kirchner
71 Misc. 57 (New York Supreme Court, 1911)
In re the Estate of Very
2 Gibb. Surr. 506 (New York Surrogate's Court, 1898)

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Bluebook (online)
9 Mills Surr. 95, 75 Misc. 596, 136 N.Y.S. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-fuehrer-nysurct-1912.