In re the Judicial Settlement of the Accounts of White

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of White

263 A.D. 1063, 34 N.Y.S.2d 307, 1942 N.Y. App. Div. LEXIS 8056

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

DecidedMarch 25, 1942

StatusPublished

Cited by6 cases

This text of 263 A.D. 1063 (In re the Judicial Settlement of the Accounts of White) 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 Accounts of White, 263 A.D. 1063, 34 N.Y.S.2d 307, 1942 N.Y. App. Div. LEXIS 8056 (N.Y. Ct. App. 1942).

Pincite

Opinion

Decree reversed on the law, without costs of this appeal to any party, and a new trial granted. Memorandum: The burden of establishing abandonment rests upon the administrator. (Matter of Green, 155 Misc. 641; affd., 246 App. Div. 583; Matter of Rechtschaffen, 278 N. Y. 336.) The abandonment contemplated by subdivision (d) of section 87 of the Decedent Estate Law is such an abandonment as would be sufficient under section 1161 of the Civil Practice Act to maintain a judgment for separation on that specific ground. It does not appear from the record before us that the judgment of separation was based upon an abandonment. There was no other evidence offered. There is not sufficient evidence in the record to support a finding of abandonment. All concur. (The decree denies distribution of decedent’s estate to his widow in a proceeding to settle the accounts of an administrator.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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

Decree reversed on the law, without costs of this appeal to any party, and a new trial granted. Memorandum: The burden of establishing abandonment rests upon the administrator. (Matter of Green, 155 Misc. 641; affd., 246 App. Div. 583; Matter of Rechtschaffen, 278 N. Y. 336.) The abandonment contemplated by subdivision (d) of section 87 of the Decedent Estate Law is such an abandonment as would be sufficient under section 1161 of the Civil Practice Act to maintain a judgment for separation on that specific ground. It does not appear from the record before us that the judgment of separation was based upon an abandonment. There was no other evidence offered. There is not sufficient evidence in the record to support a finding of abandonment. All concur. (The decree denies distribution of decedent’s estate to his widow in a proceeding to settle the accounts of an administrator.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 1063, 34 N.Y.S.2d 307, 1942 N.Y. App. Div. LEXIS 8056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-judicial-settlement-of-the-accounts-of-white-nyappdiv-1942.

Opinion

Related

Cite This Page — Counsel Stack