In re the Accounting of Borst — 248 N.Y. 556

Majority

p. 556

In the Matter of the Accounting of Daisy S. Borst, as Executrix of Henry V. Borst, Deceased, Respondent. Harry V. Borst et al., Appellants.

Headnote

Executors and administrators — accounting — decedent’s estate — title to stock and dividends claimed by executrix under written assignment

Matter of Borst, 222 App. Div. 707 , affirmed.

(Argued April 12, 1928;

decided May 8, 1928.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial

p. 557

department, entered November 23, 1927, which unanimously affirmed a decree of the Montgomery County Surrogate’s Court overruling objections to and settling the intermediate account of the executrix of Henry V. Borst, deceased. The contestants contended that the executrix should be surcharged the value of certain stock and dividends thereon received since the death of testator. The executrix claimed title thereto by virtue of a written assignment.

Harry V. Borst for appellants.

John T. Norton, Charles S. Nisbet and Daisy S. Borst for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.