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In re Schroeder

In the Matter of the Application of Carrie R. Schroeder, as General Guardian for Philis L. Schroeder, Respondent, for a Compulsory Accounting by Lora C. Schroeder, as Administratrix of the Estate of Edwin A. Schroeder, Deceased, Appellant. in the Matter of the Accounting of Lora C. Schroeder, as Administratrix of the Estate of Edwin A. Schroeder, Deceased

In re Schroeder, 78 N.E. 1112 (N.Y. 1906)
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Court
New York Court of Appeals · State Highest Courts
Decided
October 16, 1906
Citations
78 N.E. 1112186 N.Y. 53724 Bedell 5371906 N.Y. LEXIS 1188
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart, ment, entered June 5, 1906, which modified and affirmed as modified an order of the New York County Surrogate’s Court-made in the above-entitled proceedings. The following questions were certified: “ 1. Is the administratrix, under the evidence presented to the. surrogate, liable to account for the money which she received from the officers of the Schroeder & Arguimbau corporation ? “2. Was the surrogate justified in overruling the referee’s finding with respect to the moneys paid to the administratrix by the officers of the Schroeder & Arguimbau corporation, and in finding that the said moneys belonged to and formed a part of the estate of which she is administratrix and in charging her therewith as an asset of the estate % ”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Order affirmed, with costs; questions certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Yann, Werner, Willard Bartlett and Chase, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 21929: 11949: 11955: 11957: 21958: 11960: 119272026peak 1927 · 2

Relies on it most ⓘ

  1. In re the Judicial Settlement of the Intermediate Account of Proceedings of Brown130 Misc. 865 (N.Y. Sur. Ct. 1927)
  2. In re Glass134 Misc. 291 (N.Y. Sur. Ct. 1929)
  3. In re the Estate of Davis128 Misc. 622 (N.Y. Sur. Ct. 1927)
  4. In re the Accounting of Rabin5 Misc. 2d 803 (N.Y. Sur. Ct. 1957)
  5. In re the Estate of Daly2 Misc. 2d 570 (N.Y. Sur. Ct. 1955)
  6. In re the Estate of Boyhan27 Misc. 2d 770 (N.Y. Sur. Ct. 1960)

Most recent

  1. In re the Estate of Boyhan27 Misc. 2d 770 (N.Y. Sur. Ct. 1960)
  2. In re the Estate of Corse16 Misc. 2d 538 (N.Y. Sur. Ct. 1958)
  3. In re the Estate of Miller8 Misc. 2d 1059 (N.Y. Sur. Ct. 1957)
  4. In re the Accounting of Rabin5 Misc. 2d 803 (N.Y. Sur. Ct. 1957)
  5. In re the Estate of Daly2 Misc. 2d 570 (N.Y. Sur. Ct. 1955)
  6. In re the Estate of Kiley197 Misc. 36 (N.Y. Sur. Ct. 1949)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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