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In re the Accounting of Cornell

266 N.Y. 620 Court N.Y. Decision date 1935-03-12 English

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p. 620
In the Matter of the Accounting of Cathryne Cornell, as Administratrix of the Estate of Emanuel G. Valyerde, Deceased, Appellant. William J. Colker et al., Respondents.
(Argued February 25, 1935;
decided March 12, 1935.)
p. 621
Thomas A. McDonald and James A. Gill for appellant.
Philip Cooper for William J. Colker, respondent.

Order affirmed, with costs payable out of the fund, and question certified answered in the affirmative. _No opinion.

p. 622
Concur: Crane, Ch, J,, Lehman, O’Brien, Hubbs, Lqughran and Finch, JJ, Crouch, J., dissents on the ground that the burden of proof rested upon the objecting creditor and that he has failed to sustain it either under the language of the policy or under the language of the application.