1 Mills Surr. 276 | N.Y. Sur. Ct. | 1899
This is one of the matters that remained undecided by Surrogate Arnold, and has now come before me for final disposition. The account of the temporary administrator has been made the subject of protracted litigation, and the record is, consequently, very voluminous. The learned referee holds that the account should be surcharged with various items aggregating $18,348.23; and he also charges the accountant with legal interest to the extent of $4,518.43, on certain of these items. It is the duty of the temporary administrator to deposit the moneys which may come into his hands in a trust company, and on his failure or neglect so to do it is proper to charge him with such interest as would have been earned had the deposit been made. Ho greater rate of interest should be charged, however, unless the administrator has been guilty of misconduct. Livermore v. Wortman, 25 Hun, 341. There is no evidence that the accountant herein acted in bad faith in making any of the payments with which he is now charged, and under the rule stated he should not, therefore, be compelled to pay more than trust company interest. It appears that the temporary administrator, without permission of the court, and on his own responsibility, paid a number of unpreferred claims against the estate, amounting to $7,925.04, and also paid two notes given to take up certain debts of the decedent in the sum of $4,088.81 (described as the notes of Mrs. Philp). These sums are included in the surcharges made by the referee. As a matter of fact, the debts so paid were just ones, and, in all probability, the court would have permitted them to be liquidated in whole or in part, as the condition of the estate
Decreed accordingly.