In re the Judicial Settlement of the Accounting Proceedings of Cacciatore

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounting Proceedings of Cacciatore

256 A.D. 951, 10 N.Y.S.2d 21, 1939 N.Y. App. Div. LEXIS 5599

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

DecidedFebruary 28, 1939

StatusPublished

This text of 256 A.D. 951 (In re the Judicial Settlement of the Accounting Proceedings of Cacciatore) 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 Accounting Proceedings of Cacciatore, 256 A.D. 951, 10 N.Y.S.2d 21, 1939 N.Y. App. Div. LEXIS 5599 (N.Y. Ct. App. 1939).

Pincite

Opinion

There was a decree entered in the Surrogate’s Court, Queens county, August 23, 1937, settling the accounts of Vincenza Cacciatore, as admin[952]*952istratrix of the estate of Rosalia Caeeiatore. On that accounting the administratrix made claim personally to two Italian bonds as a gift from the decedent about a week before the latter’s death. This gift was allowed. The Consul General of Italy petitioned for an opening of the proceedings on the ground of fraud, alleging that prior to and subsequent to her appointment Vincenza Cacciatore had written letters to relatives in Italy that there had been a will which was not duly executed, but that she claimed a life interest in the estate and at her death the funds would be distributed amongst the next of kin and made no claim in respect to a gift. It was further stated in the petition that certain assets had not been accounted for, but there had been division of the same between the administratrix and a nephew. Sufficient facts were shown to justify a judicial inquiry. Order denying motion to vacate and set aside decree settling the account of the administratrix and for permission to file objections reversed on the law and the facts, with ten dollars costs and disbursements to appellant, payable out of the estate, the proceeding opened and permission granted to appellant to file objections, and the matter remitted to the Surrogate’s Court, where the parties may proceed as they are advised. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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There was a decree entered in the Surrogate’s Court, Queens county, August 23, 1937, settling the accounts of Vincenza Cacciatore, as admin[952]*952istratrix of the estate of Rosalia Caeeiatore. On that accounting the administratrix made claim personally to two Italian bonds as a gift from the decedent about a week before the latter’s death. This gift was allowed. The Consul General of Italy petitioned for an opening of the proceedings on the ground of fraud, alleging that prior to and subsequent to her appointment Vincenza Cacciatore had written letters to relatives in Italy that there had been a will which was not duly executed, but that she claimed a life interest in the estate and at her death the funds would be distributed amongst the next of kin and made no claim in respect to a gift. It was further stated in the petition that certain assets had not been accounted for, but there had been division of the same between the administratrix and a nephew. Sufficient facts were shown to justify a judicial inquiry. Order denying motion to vacate and set aside decree settling the account of the administratrix and for permission to file objections reversed on the law and the facts, with ten dollars costs and disbursements to appellant, payable out of the estate, the proceeding opened and permission granted to appellant to file objections, and the matter remitted to the Surrogate’s Court, where the parties may proceed as they are advised. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

256 A.D. 951, 10 N.Y.S.2d 21, 1939 N.Y. App. Div. LEXIS 5599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounting-proceedings-of-cacciatore-nyappdiv-1939.