Appellate Division of the Supreme Court of New York, 1915

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

In re the Final Judicial Settlement of the Account of Proceedings of Ferris
Appellate Division of the Supreme Court of New York · Decided December 15, 1915
172 A.D. 897; 156 N.Y.S. 1122
In re the Final Judicial Settlement of the Account of Proceedings of Ferris

Opinion of the Court

The burden was on the objector to show the value of the *898earrings. 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 four per cent beginning on that date. To such extent as the administrator has overpaid Lillian 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., Thomas, Carr, Mills and Rich, JJ., concurred. Settle order before Mr. Justice Thomas.

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