New York Court of Appeals

In the Matter of the Accounting of Nathaniel Niles, as Administrator

June 4, 1889113 N.Y. 547

Summary

The New York Court of Appeals reversed the lower court and remanded the matter to the Surrogate's Court, holding that a co‑administratrix who had knowledge of, assented to, or acquiesced in an administrator's irregular investments is bound by those acts and estopped from objecting, and that the decree provision requiring the administrator to pay her share before she returns the securities is inequitable.