MOCH v. SCHREIBERSDORF


281 A.D. 654 (1952)

Hippolyte Moch, Respondent, v. Elsie Schreibersdorf, as Administratrix of The Estate of Samuel Schreibersdorf, Deceased, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 9, 1952.


While we find most of the appellants' contentions untenable, we think that there is merit in the objection to the item of $705 charged as a withdrawal of capital, by the Referee in stating the account, and thus a deduction from the defendants' distributive share. The $705 represents payments of $15 weekly to the deceased partner in lieu of salary during his last illness. These moneys did not appear to have been a return of capital, but more properly as distribution of income...

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