In re the Judicial Settlement of the Account of Ireland

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Ireland

262 A.D. 903, 28 N.Y.S.2d 818, 1941 N.Y. App. Div. LEXIS 6435

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

DecidedJune 30, 1941

StatusPublished

Cited by1 cases

This text of 262 A.D. 903 (In re the Judicial Settlement of the Account of Ireland) 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 Judicial Settlement of the Account of Ireland, 262 A.D. 903, 28 N.Y.S.2d 818, 1941 N.Y. App. Div. LEXIS 6435 (N.Y. Ct. App. 1941).

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Opinion

Appeal from an order of the Surrogate’s Court of Kings County confirming the report of a referee appointed to hear and report on the validity of an assigned claim filed with the executor. The claim was one that would ordinarily be passed upon in the final accounting. The parties stipulated to dispose of this claim separately. Appeal dismissed, without prejudice and without costs. There is no authority for plucking one contested item from an executor’s account, taking testimony, and entering a decree thereon. Otherwise, there might be a separate contest and a separate decree for each disputed item. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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Appeal from an order of the Surrogate’s Court of Kings County confirming the report of a referee appointed to hear and report on the validity of an assigned claim filed with the executor. The claim was one that would ordinarily be passed upon in the final accounting. The parties stipulated to dispose of this claim separately. Appeal dismissed, without prejudice and without costs. There is no authority for plucking one contested item from an executor’s account, taking testimony, and entering a decree thereon. Otherwise, there might be a separate contest and a separate decree for each disputed item. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

262 A.D. 903, 28 N.Y.S.2d 818, 1941 N.Y. App. Div. LEXIS 6435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-ireland-nyappdiv-1941.

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