In re the Judicial Settlement of the Account of Proceedings of Remsen

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Account of Proceedings of Remsen

255 A.D. 810, 7 N.Y.S.2d 350, 1938 N.Y. App. Div. LEXIS 5402

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

DecidedOctober 28, 1938

StatusPublished

This text of 255 A.D. 810 (In re the Judicial Settlement of the Account of Proceedings of Remsen) 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 Proceedings of Remsen, 255 A.D. 810, 7 N.Y.S.2d 350, 1938 N.Y. App. Div. LEXIS 5402 (N.Y. Ct. App. 1938).

Pincite

Opinion

Decree of the Surrogate’s Court of Richmond county allowing the claims of respondents against the estate of Williamson Kouwenhoven, deceased executor of the estate of Abby Kouwenhoven, unanimously affirmed, with costs to respondents, payable out of the estate of Williamson Kouwenhoven. The evidence was sufficient to establish negligence on the part of the deceased executor in surrendering the entire control and management of the estate to an attorney, by whom a portion of the assets was converted. The theory of fraud adopted in the affidavits submitted by the claimants in support of their claims does not preclude a recovery on the theory of negligence, in view of the absence of statutory requirement for formal pleadings (Surr. Ct. Act, § § 207-211), the facts having been alleged in sufficient detail to put the appellants on notice as to the nature of the claims. The negligence established was of such a character as to render the deceased executor responsible for the loss. (Earle v. Earle, 93 N. Y. 104.) Present — Hagarty, Davis, Johnston, Taylor and Close, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Decree of the Surrogate’s Court of Richmond county allowing the claims of respondents against the estate of Williamson Kouwenhoven, deceased executor of the estate of Abby Kouwenhoven, unanimously affirmed, with costs to respondents, payable out of the estate of Williamson Kouwenhoven. The evidence was sufficient to establish negligence on the part of the deceased executor in surrendering the entire control and management of the estate to an attorney, by whom a portion of the assets was converted. The theory of fraud adopted in the affidavits submitted by the claimants in support of their claims does not preclude a recovery on the theory of negligence, in view of the absence of statutory requirement for formal pleadings (Surr. Ct. Act, § § 207-211), the facts having been alleged in sufficient detail to put the appellants on notice as to the nature of the claims. The negligence established was of such a character as to render the deceased executor responsible for the loss. (Earle v. Earle, 93 N. Y. 104.) Present — Hagarty, Davis, Johnston, Taylor and Close, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

255 A.D. 810, 7 N.Y.S.2d 350, 1938 N.Y. App. Div. LEXIS 5402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-account-of-proceedings-of-remsen-nyappdiv-1938.

Opinion

Related

Cite This Page — Counsel Stack