Hannahs v. Hannahs — 12 N.Y. Sup. Ct. 644

Majority

p. 644

WILLIAM HANNAHS, as Executor, etc., Appellant, v. DELIA HANNAHS and others, Respondents.

Headnote

Costs of administration — Retm'n — when should contain evidence.

Upon the final settlement of the plaintiff’s accounts, the expenses of administration and accounting were allowed at $652.55. Upon an appeal from the decree of the surrogate, the items, vouchers and evidence of such expenses were not returned, but the surrogate certified that they were presented to him in detail, and duly verified, proved, adjusted and allowed by him at that sum. Held, that the court was precluded by the return from reviewing such expenses. If the respondents desired a review thereof, they should have secured a return by the surrogate of all the facts and evidence upon which the claim was allowed by him. In the absence of any apparent error, the allowance was to be presumed correct.

Appeal by the plaintiff from a decree of the surrogate of the county of Otsego, entered upon the final settlement of his accounts as executor.

Upon the hearing of the appeal, the respondents objected to the amount allowed to the plaintiff for the expenses of administration and accounting.

p. 645

E. M. Harris, for appellant. L. I. Bwxliit, for respondent.

Opinion by

Present — Leaened, P. J., BoaedmaN and JaMbs, JJ.

Decree modified by charging executor with $12.50 and interest, with costs of appeal.