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71 N.Y. 612

Wright v. . Fleming

New York Court of Appeals

Decided January 15, 1878

New York Court of Appeals · decided 1878-01-15

This was an appeal from a judgment of General Term, affirming in part a decree of a surrogate upon the final accounting of appellant as administrator of the estate of John S. Wright, deceased. Held: error.

Decided 1878-01-15

Allen, J.,

¶1 reads for reversal of judgment of the General Term of the Supreme Court and of the decree of the surrogate, and proceedings remitted for a rehearing by the surrogate, with costs to appellant to be paid out of the estate. Sapallo, J., concurs. Miller, J:, concurs in result. Folger and Earl, JJ., concur in result on last ground, and without expressing opinion as to the claim for earnings, etc., of the “ Daniel Webster.” Church, Ch. J., and Andrews, J., absent. Judgment reversed.

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