Hyperlawhypertext legal database In re the Final Judicial Settlement of the Account of Proceedings of Ferris 156 N.Y.S. 1122

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In re the Final Judicial Settlement of the Account of Proceedings of Ferris

156 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1915-12-30 English

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p. 1122
In the Matter of the final judicial settlement of the account of proceedings of Ezra C. FERRIS, as administrator, etc., of Mary G. Barlow, deceased.
(Supreme Court, Appellate Division, Second Department.
December 30, 1915.)

The burden was on the objector to show the value of the earrings. No competent evidence of it was given; therefore the appraisal at $350 should be retained. The cash collected could not begin to draw interest before January 1, 1914, and Violet" M. Barlow is entitled on her distributive share to such interest as it would have earned in the bank at 4 per cent., beginning on that date. To such extent as the administrator has overpaid IZllian Barlow, he should be surcharged. Decree of the Surrogate’s Court of Westchester County amended in accordance with this memorandum, and as so amended affirmed, without costs. Jenks, P. J., and Thomas, Carr, Mills, and Rich, JJ., concur. Settle order before Mr. Justice Thomas.