MATTER OF PIERSON


282 A.D. 693 (1953)

In the Matter of the Accounting of Howard C. Pierson et al., as Executors of Jacob H. Shaffer, Deceased. Martin Roob, Appellant; Ruth S. Jones et al., as Executors of Irene Y. Shaffer, Deceased, Respondents

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

June 30, 1953.


Claimant had the burden of proof to establish his claim to the commissions received from the trusts. While varying inferences may be drawn from the proof there is not sufficient to justify upsetting the findings of the Surrogate who was authorized on this record to make the determination that the relations between claimant and the decedent did not unequivocally establish the intention to repay the commissions transferred or the equivalent in the will of the survivor of the...

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