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In re the Accounting of De Vany

Court of Appeals of the State of New York
May 14, 1912
98 N.E. 1106 (N.Y. 1912)

Opinion

Argued April 30, 1912

Decided May 14, 1912

John J. Linson and James Jenkins for appellant.

Howard Chipp for respondents.


The decree of the surrogate and the order of the Appellate Division are reversed, without costs, in so far as they surcharge the account of the executor with the sum which he received from the legatee, Edith R. Gordon, and as to that item the claim of the executor is sustained, on the ground that the legatee, from whom the money was received by the executor, is the only person who has any interest in having the payment or gift set aside, and because the amount thus received by the executor can in no event become a part of the residuary estate; no opinion.

Concur: CULLEN, Ch., J., GRAY, HAIGHT, VANN, WERNER, HISCOCK and COLLIN, JJ.


Summaries of

In re the Accounting of De Vany

Court of Appeals of the State of New York
May 14, 1912
98 N.E. 1106 (N.Y. 1912)
Case details for

In re the Accounting of De Vany

Case Details

Full title:In the Matter of the Accounting of JOHN R. DE VANY, as Executor of HARRY…

Court:Court of Appeals of the State of New York

Date published: May 14, 1912

Citations

98 N.E. 1106 (N.Y. 1912)
98 N.E. 1106