Legal Opinion

In re the Accounting of Grace

New York Surrogate's Court

Decided August 28, 1961Published

1Opinion of the Court

John D. Bennett, S.

This is a motion in an accounting

proceeding for a dismissal of the objections filed for failure to prosecute. The question is whether such motion may be made in this court by the accountants. The objectant cross-moves to file amended objections.

A prior motion to dismiss the objections for failure to prosecute made by the accountants in October of 1959, was denied by this court on the ground that since both the accountants and the objectant are equally entitled to place this matter on the calendar of this court for a hearing under rule 18 of the Rules of the Nassau County…

2Cases cited2 opinions

  1. In re the Estate of MelzakNew York Surrogate's Court · 1934
  2. In re the Estate of GalbreathNew York Surrogate's Court · 1959

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