Majority
p. 653In the Matter of the Petition of William J. Colker, Respondent, to Compel Cathryne Cornell, Appellant, to Render and Settle Her Account as Administratrix c. t. a. of Emanuel Green Valverde, Deceased.
Decree of the Surrogate’s Court of Kings county and order entered on reargument unanimously affirmed, with costs to respondent, payable out of the fund directed in the decree to be accounted for in the estate of the husband, Emanuel Green Valverde. We agree with the conclusions reached by the learned surrogate without fully concurring in the reasoning of the opinions. We affirm on the authority of Dunn v. New Amsterdam Casualty Co. ( 141 App. Div. 478 ); Matter of Hammer ( 101 Misc. 351 ); St. John v. Andrews Institute ( 191 N. Y. 254 , 275). Present — Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ. [ 148 Misc. 49 , 347.]
Cases cited
- In re the Judicial Settlement of the Account of Proceedings of Hammer 101 Misc. 351 p. 653
- St. John v. Andrews Institute for Girls 191 N. Y. 254 at 275 p. 653
- In re the Estate of Valverde 148 Misc. 49 at 347 p. 653