General

In the Matter of the Accounting of Daniel Talmage, as Executor of Catherine Elizabeth Swan, Deceased; Daniel Talmage, as Executor, Appellant; Olabence Rapelye et ah, Respondents

160 N.Y. 704·New York Court of Appeals·1899·NY

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Opinion

In the Matter of the Accounting of Daniel Talmage, as Executor of Catherine Elizabeth Swan, Deceased. Daniel Talmage, as Executor, Appellant; Olabence Rapelye et ah, Respondents. (Argued October 34, 1899; decided November 21, 1899.) Matter of Talmage, 33 App. Div. 10, affirmed. Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 7, 1898, modifying and affirming, as modified, a decree of the Surrogate’s Court of Queens county, directing Daniel Talmage, as.executor, to pay to Clarence Rapelye and Manett Nutt the sum of $2,000 with interest. Hitchings, Palliser & Moen for appellant. Arthur Van Dewater for respondents. [MAJORITY] Order affirmed, with costs; no opinion. All concur, except Haight, J., not voting, and O’Brien, J., absent.