
    New York County.—Surrogate.
    Hon. D. G. ROLLINS,
    November, 1883.
    Silverbrandt v. Widmayer. In the matter of the estate of Charles Silverbrandt, deceased.
    
    The fact that the personal property late of a decedent, and its proceeds, have been disposed of does not prevent the filing of an inventory thereof.
    Matter of Robbins, 4 Redf., 344—overruled.
    Application by Charles Silverbrandt, Jr., for an attachment against Henry Widmayer and another, administrators of decedent’s estate, for failure to file an inventory. The administrator named filed an affidavit stating that decedent, at the time of his death, owed to affiant more than $4,000; that, with the assent of the next of kin, before his appointment, affiant sold the fixtures, stock in trade and lease of saloon late of decedent, for $2,850, and, with the assent of said next of kin, applied this sum upon said indebtedness.
    A. C. & M. H. Ellis, for petitioner.
    
    Salomon & Dulon, for administrator.
    
   The Surrogate.

The affidavit which opposes petitioner’s application does not show sufficient cause why that petition should be denied.

A verified statement in the form of an inventory, and ontaining the very matters here averred in respondent’s hhalf, might be deemed a sufficient inventory if acompanied by an appraisal. And such an appraisal may be had even without actual inspection of assets. In the decision to the contrary, upon which respondent’s counsel relies (Matter of Robbins, 4 Redf., 144), the late Surrogate seems to have overlooked the case of Butler’s Estate (38 N. Y., 397).

Petition granted.  