In Re the Accounting of Central Trust Co.

New York Court of Appeals July 11, 1935

In Re the Accounting of Central Trust Co., 197 N.E. 316 (N.Y. 1935)

268 N.Y. 370; 1935 N.Y. LEXIS 949

Crane, Crouch, Finch, Hubbs, Lehman, Loughran, O'Brien

Opinion of the Court

Per Curiam.

No error appears in this record, except the inclusion of interest. The evidence sustains an advancement or ademption but not the theory of a loan. *372 Therefore, interest should not have been included. (Cole v. Andrews, 83 App. Div. 285; affd., 176 N. Y. 374.)

The order of the Appellate Division and the decree of the Surrogate’s Court should be modified in accordance with this memorandum and as so modified affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ., concur; Crouch, J., not sitting.

Ordered accordingly.

Reference

Full Case Name: In the Matter of the Accounting of the Central Trust Company of Rochester, New York, as Administrator and Executor of the Estate of Anna S. French, Deceased. Jack B. Headley, Appellant; Earl F. Case Et Al, Respondents
Cited By: 1 case
Status: Published