98 N.Y.S. 480 | N.Y. App. Div. | 1906
The administrators are charged with $1,690.71, and are credited with $1,071.79, of which the expenses of administration are $329.16 and debts of the deceased are $610. The balance for distribution is $618,92. Of this sum Agnes'M. Welsing is to retain $311,78 in-part payment of her claim of .$1,096, ■ and Frank Milligan is to retain $307.14- in part payment of his claim * of $1,080. Mrs. Welsing and Mr. Milligan are daughter and son of the intestate, respectively, and his administrators. They received their letters on April 23, 1904. On February 1, 1905, Mr. Milligan filed a claim against the estate, dated November 12,1904, “To.services rendered, as farm worker and manager at'$15 per mo. for 6 years, $1,080.00.” On February 1, 1905, Mrs. Welsing filed a claim against the* estate • dated May 18, 1904, for services from April 1, 1898, to November 12, 1900, 31J months at $12 per month, $378; to services as housekeeper February 8, 1901, to April 1, 1903, at $15, $386; to services as housekeeper per agreement with'Lquis C. Welsing, April 1, 1-903, to April 1, 1904, at $1 per day, $365 ; in all, $1,129, with credits of $33. These claims were stated in the account. Another daughter of the intestate contested the account, and trial was had before the surrogate. - At the first hearing the contestant appeared" in person without attorney, and "other children of the intestate appeared likewise. At' that hearing Mr. Milligan, the claimant, testified that his father was a farmer, that he resided with his father
The decree, in so far as it allows the claims of Mr. Milligan, Mrs. Welsing, the payment to Mr. Vaninwegen, and commissions, must be -reversed and a new hearing be ordered upon these matters. before the surrogate.
Woodward, Hooker, Gaynor and Rich, JJ., concurred.
Decree "of the Surrogate’s OoUrt of Orange county reversed and new hearing ordered before the surrogate.