Valentine v. Valentine
New York Court of Chancery
This case came before the chancellor upon an appeal, by Elijah Valentine, one of the executors, from the" sentence and decree of the late surrogate of the county of Westchester, upon the final settlement of the accounts of the executors of John Valentine, deceased. The will of the testator was not set forth in the surrogate’s return ; which return showed a very irregular and imperfect state of proceedings before the former surrogate who made the decree appealed from.
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This case came before the chancellor upon an appeal, by Elijah Valentine, one of the executors, from the" sentence and decree of the late surrogate of the county of Westchester, upon the final settlement of the accounts of the executors of John Valentine, deceased. The will of the testator was not set forth in the surrogate’s return ; which return showed a very irregular and imperfect state of proceedings before the former surrogate who made the decree appealed from. But from the petition, upon which the appellant was originally cited to render his account, and from other proceedings in the…
1Opinion of the Court
The Chancellor.
The petition of appeal was informal in not designating who were intended to be made respondents; by praying that they might answer the petition. (Kellett v. Rathbone, 4 Paige's Rep. 102. Gardner v. Gardner, 5 Id. 170.) The parties, however, who are interested in the matters appealed from, and who have voluntarily appeared and answered the petition of appeal, cannot now object that the petition of appeal is informal as to them. But those against whom no proceedings have been had in this court, and who have not appeared or answered, cannot in any proper sense be considered as…
2Cases cited1 opinion
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by31 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Betts v. BettsNew York Supreme Court · 1878
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
- Hancox v. . MeekerNew York Court of Appeals · 1884
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