New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-14
FAT APPRAISERS FEES.


Continued from hrs' page
services so rendered and the amount Of sucn s sn.
prasar performing such services 70 ps ''a n fors
delivered 10 the executor 9f Alumni 1dan,ed by The
EEyross,e Oh section sl Of he code Of cN Pro-
cedure Is 90 The same ehs,, never procured
their fees 20 be laked TbeS we're pii1 ~ ,nd ds
s.a,sd v" nvs, Inc inv nlofy The oknchiof wa"l
MI, sf,ef Inc estate had been settled, 90 act'on -
nsss ~ IN an,lon commenced before II took any
etops 10 have the fees 81 w" hbplh!s ,,s, a.
~ NAV u''s s,,d and allowance Of iis own claim.
and without stopping to consl1er Mn ~. ,not,n
ana on ls own stipulation. properly procure an 81
Der taxing the fees Of the appralsers we h, 90 hs
-, ~ onInion TINT the icgatces hld IN" renl '" y"
S.s rnf ether upon the original application or by an
Affirmative motion 10 Vhch'''
THE WORK WAS EASY.
we are thus brought to a consideration OF the
motion upon the merits. II appears from INV NV" M
,rg papers that the inventory contains "s' u ~.
frnI,ure in the residence Of the deceased ana 'na'
the same was appraised In lump sum a. a., $780,
,,,, this list was made out by one DcWam'a a., a
who put the value upon the aruc'e S, me counsel
fnr the appellants filled ont the inventory WI, nre
exception Of the securities ana tas s Company or
aftorneys so that the appraisers had no,,l'e US in
to do except om 19 see t ins' list OF with
Inc securities themselves ana as'e''" Wv"
Aside from the furniture and the items OF d ESn
hand the estate consisted OF tWehtS nd corporate
KINDS OF nniion papers further show that the
market value OF the securities eoul Stock Ex-
cSange or TO the Office Of any stock nroHe for an
single days time and that tor the 60 adavs
appear to have been read IN 9pposTSS e Surrogate
ton controverting these naoTrsidered the aidavits
e ,Se appraisers presented upon the ors' ,h, 70
ton for taxation as 6soGe that h they each been
EMPLOYED more than nifty DAYS upo ar insnectjon OF
anu ,nveniory that their statements were 'p'o'
able. ,,. - .srso with him. Section 80
are ode Of civil Procedure PROVIDES ,nai az,
snnraser is entitled. in addition 10 n,s not
pensesi TO sor each day actually and necessary
employed by him in m daVs services and the ex
lenses IL any must be proved by ,ne therefor
the appraissers rrosae and paid by the executor
or administrator
LIMITED TO s. DAY
7, u,,u be observed that the discretion Oh w
Surrogate is limited to IS for each day ac'uar!
necessarily occupied by the APPRAISERS ,-od
that amount he has no discretion. he 10
81 ascer,ain the number of days actuah! any,
~ occuped by them. This fact Is 10 pc be
fonnd by him and should be determnse s i ,be an
evidence presented He l has nrSe S occupied
fffy days Is this finding correct? ~, VIOLENT Of
Of fact and qS Ss snsra e rne and
eVinehSe nower 10 review the determination OF
~. onurt with reference thereto. But We nav
recentlv held that whore the eVlnth'e ~. nero
hears to be in conflict is nothing more nan and
scin,iIia or where is met by WelIkioww" 80
!. eiiracopnized scientific facts ABOUT "Htn a. a.
=, ~ confcf this court will still exercise Jurisui0
lion 70 review and reverse If justice requires
ENTITLED TO NO CREDIT
Should q person affirm that black was white o.
being in the full possession OF MS ldcui''es
hav,ng the unrestricted use of his limos sno"''
tes,ifv that he actually and necessarily occ"Ps'
YEAR in walking a mile. his statements "o"'' "
en- in conflict with recognized possibilities as W 'e
- ,tled m no credit character as eNlheh'e. -.
: We have seen the inventory was prepafen n 5
others The only thing for Inc aPpI"'sS''s - Tho
was TO examine the furniture. compare IT VIZ A., he
Nc, made examine the securities eftel'h III -"
tnvenfory and attach thereto the values y, VIII
nonId nave been ascertained in days time IN any
stock brokers' office in the cry OF "a ~
i'non these undisputed facts. We cannon nus,a,h a
The finding that the appraisers were ac,uaIs Ill ha
necessarily occupied nifty days III mhhhs ''''
II appears that this estate was valued Az hea'iy
sso0 M II was considered large, ana custom ,hay
have preyailed to some extent 10 make ,Hbtial az.
ioWance for services performed IN trirren,e ~
such estates; but appraisers are oflcers or me
court appointed by IT, ana their ices are a, bber
lated bv statute n makes no difference Whsihri
The estate IL large or small they nave no fEn, y"
demand or receive more man me hla'"lr a' 80, -
Giferent custom has prevailed It should be dise"h'
tinuef
The Court also suggests that the Surrogate
should not have taken jurisdiction ~ The mat
Ter while The action was pending IN the supreme
Court hut II says that ~ that question n not
before the Court. II will not be decided