In re Soule's Estate
New York Supreme Court
Appeal from order of surrogate, Cayuga county. Accounting of Howard Soule, George S. Everts, and others, as executors of Lyman Soule, deceased. From an order of the surrogate opening and modifying a decree of his court previously made, said Everts appeals.
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Appeal from order of surrogate, Cayuga county. Accounting of Howard Soule, George S. Everts, and others, as executors of Lyman Soule, deceased. From an order of the surrogate opening and modifying a decree of his court previously made, said Everts appeals. For decision denying application to revoke probate of will see 27 N. E. Rep. 852, mem., affirming a judgment of the general term of the supreme court, (11 N. Y. Supp. 949, mem.,) which affirmed the decree of the surrogate’s court, (3 N. Y. Supp. 259.)
1Opinion of the CourtDwight, P. J.
The controversy here is solely between one of the present executors of the will, and the personal representative of a former executor, deceased. It relates solely to the award of commissions to the two, respectively, and it must turn, as we think, upon the single question of the power of the surrogate to make the order appealed from. The testator, Lyman Soule, died in ¡November, 1885, leaving a will, by which he nominated Howard Soule, Charles F. Durston, and Charles G. Briggs as its executors, and they received letters testamentary in June, 1886. Mr. Briggs died in August, 1887, and Mr.…
2Cases cited2 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
3Cited by4 opinions
- In re StarbuckAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Judicial Settlement of the Estate of PeckAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Accounting of VogelAppellate Division of the Supreme Court of the State of New York · 1950
- People ex rel. Nugent v. Board of SupervisorsNew York Supreme Court · 1909