In Re the Judicial Settlement by Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a decree of the surrogate •of the county of New York. The nature of the proceeding and' the facts are sufficiently 'stated in the opinion.
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Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a decree of the surrogate •of the county of New York. The nature of the proceeding and' the facts are sufficiently 'stated in the opinion. Upon the trial of an issue ■of fact before the surrogate, section 2545 of the Code makes sections 992-998 applicable to surrogates courts “so as to ■enable the surrogate’s rulings upon the law to be reviewed, Avhere there is no question of fact involved, without the ■expense and trouble of making up a case…
1Opinion of the CourtFinch, J.
On the 8th day of July, 1886, the petitioner, describing herself as the widow and executrix of Freeman J.: Fithian, deceased, presented her petition to the surrogate,, reciting that letters testamentary on the estate of Fithian, had been issued on the 15tli day of October, 1884, to Lemuel B.. Clark; that he died June 9, 1886, having served as executor of Fithian for about one year and three-quarters; that his widow, Mary J. Clark, had on the day preceding the filing of the petition been duly appointed executrix of the will of said Clark by letters testamentary regularly issued; that Clark-had…
2Cases cited1 opinion
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
3Cited by24 opinions
- In re DeitzNew York Surrogate's Court · 1929
- In re FordAppellate Division of the Supreme Court of the State of New York · 1928
- In re the Judicial Settlement of the Accounts of RichmondAppellate Division of the Supreme Court of the State of New York · 1901
- Shorter v. MackeyAppellate Division of the Supreme Court of the State of New York · 1897
- In re Haney's EstateNew York Supreme Court · 1893
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