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In re Mayer's Estate

32 N.Y.S. 850 Court N.Y. Gen. Term Decision date 1895-02-15 English

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p. 850
In re MAYER’S ESTATE.
(Supreme Court, General Term, Eirst Department.
February 15, 1895.)

Headnote

Appeal—Review—Accounting by Administrator.
An appeal by administrators from a decree settling their accounts as presented does not bring up for review a refusal of the surrogate’s ■court to allow an individual claim of one of the administrators against ■the estate.
Appeal from surrogate’s court, New York county.
-Judicial settlement of the accounts of Charles Mayer and Louis Cohen, as administrators of Margaret Mayer, deceased. From the decree judicially settling their accounts, the administrators appeal. Dismissed.
Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
Louis Cohen, for appellants.
Luis James Phelps, for respondent.

The account of the administrators was settled and allowed by the surrogate’s court as presented, and they were

p. 851
not aggrieved by the decree. The administrators alone have appealed. This does not bring before this court the question of the right of one of them as an individual to recover his claims against the estate. Appeal dismissed, with $10 costs and disbursements, against the appellants personally.