Appellate Division of the Supreme Court of New York, 1933

In re the Judicial Settlement of the Account of Barrett

In re the Judicial Settlement of the Account of Barrett
Appellate Division of the Supreme Court of New York · Decided March 15, 1933 · Sherman
238 A.D. 817
In re the Judicial Settlement of the Account of Barrett

Opinion of the Court

No opinion. Present — Finch, P. J., Martin, O’Malley, Sherman and Townley, JJ.; Sherman, J., dissents.

Dissenting Opinion

Sherman, J. (dissenting).

The decree of the surrogate surcharging the administratrix should, in our opinion, be modified by eliminating therefrom all except the amount required to defray the funeral and administration expenses. The widow of the deceased soldier is entitled to hold (to the exclusion of his creditors) the remainder of the proceeds of the “ Adjusted Service Certificate ” which had been paid by the United States Veterans’ Bureau. (Jones v. Price, 107 W. Va. 55; 146 S. E. 890.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.