In re the Judicial Settlement of the Account of Proceedings of Bankers Trust Co.

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Proceedings of Bankers Trust Co.

257 A.D. 1031, 13 N.Y.S.2d 679, 1939 N.Y. App. Div. LEXIS 8962

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1939·Published

Opinion

Decree so far as appealed from affirmed, with costs. Memorandum: Claims of this land are rightfully subjected to the closest scrutiny. (Rosseau v. Rouss, 180 N. Y. 116; Roberge v. Bonner, 94 App. Div. 342; affd., 185 N. Y. 265.) However, see Matter of Stein (214 App. Div. 752; affd., 241 N. Y. 529). There is evidence to support findings that decedent’s personal charity organization, “ Friendly Fund, Inc.,” paid the claimant for the actual medical treatments which he gave to decedent’s charity patients, and that decedent bound himself personally to pay claimant SI ,500 a year for general oversight of decedent’s charities, and that claimant did work beyond that for which he was paid by “ Friendly Fund, Inc.” All concur. (The portion of the decree appealed from allows a claim against the estate for services performed.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Decree so far as appealed from affirmed, with costs. Memorandum: Claims of this land are rightfully subjected to the closest scrutiny. (Rosseau v. Rouss, 180 N. Y. 116; Roberge v. Bonner, 94 App. Div. 342; affd., 185 N. Y. 265.) However, see Matter of Stein (214 App. Div. 752; affd., 241 N. Y. 529). There is evidence to support findings that decedent’s personal charity organization, “ Friendly Fund, Inc.,” paid the claimant for the actual medical treatments which he gave to decedent’s charity patients, and that decedent bound himself personally to pay claimant SI ,500 a year for general oversight of decedent’s charities, and that claimant did work beyond that for which he was paid by “ Friendly Fund, Inc.” All concur. (The portion of the decree appealed from allows a claim against the estate for services performed.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

In re the Judicial Settlement of the Account of Proceedings of Bankers Trust Co., 257 A.D. 1031, 13 N.Y.S.2d 679, 1939 N.Y. App. Div. LEXIS 8962 (N.Y. Ct. App. 1939).

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