From Casetext: Smarter Legal Research

Matter of French

Court of Appeals of the State of New York
Jul 11, 1935
197 N.E. 316 (N.Y. 1935)

Opinion

Argued June 10, 1935

Decided July 11, 1935

Appeal from the Supreme Court, Appellate Division, Fourth Department.

Robert T. Headley for appellant.

Paul Folger for respondents.


No error appears in this record, except the inclusion of interest. The evidence sustains an advancement or ademption but not the theory of a loan. Therefore, interest should not have been included. ( Cole v. Andrews, 83 App. Div. 285; affd., 176 N.Y. 374.)

The order of the Appellate Division and the decree of the Surrogate's Court should be modified in accordance with this memorandum and as so modified affirmed, without costs.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; CROUCH, J., not sitting.

Ordered accordingly.


Summaries of

Matter of French

Court of Appeals of the State of New York
Jul 11, 1935
197 N.E. 316 (N.Y. 1935)
Case details for

Matter of French

Case Details

Full title:In the Matter of the Accounting of the CENTRAL TRUST COMPANY OF ROCHESTER…

Court:Court of Appeals of the State of New York

Date published: Jul 11, 1935

Citations

197 N.E. 316 (N.Y. 1935)
197 N.E. 316

Citing Cases

Matter of Linker

Interest to the date of death or probate of the will is collectible upon a loan but not upon an advancement.…