In re the Estate of Wagner
New York Court of Appeals
Appeals from judgments of tlie General Term of the Supreme Court in the third judicial department, entered upon orders made March 16,1889, which reversed two orders of the surrogate of the county of Montgomery; one of which required the surviving executor of the will of Webster Wagner, deceased, to make and file an inventory, and the other of which required him to make and file an account of his proceedings. The material facts are stated in the opinion.
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Appeals from judgments of tlie General Term of the Supreme Court in the third judicial department, entered upon orders made March 16,1889, which reversed two orders of the surrogate of the county of Montgomery; one of which required the surviving executor of the will of Webster Wagner, deceased, to make and file an inventory, and the other of which required him to make and file an account of his proceedings. The material facts are stated in the opinion. The existence or. nonexistence of a release or similar instrument, or its validity if existing, is immaterial in this proceeding. (Code Civ.…
1Opinion of the CourtGray, J.
The appellant asks us to hold it to be immaterial that an executor may, in answer to petitions to compel him to ■file an inventory, or to render an account, exhibit to the surro.gate the evidence of what apparently is a perfect bar to any ■such right; forasmuch as that officer, it is urged, under the Code provisions, is without discretion in the premises. The claim is made, that the interest of an applicant being sufficiently alleged, ■or undisputed, the surrogate cannot exercise his judgment in "the matter, but is obliged to grant the petitions. Turning to the facts in the record before us…
2Cases cited4 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Thomson v. ThomsonNew York Surrogate's Court · 1849
- Seaman v. DuryeaNew York Supreme Court · 1851
- Gratacap v. PhyfeNew York Court of Chancery · 1846
3Cited by74 opinions
- In re the Estate of BarabashNew York Court of Appeals · 1972
- MTR. OF STORTECKY v. MazzoneNew York Court of Appeals · 1995
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- In re the Judicial Settlement of the Account of Proceedings of GoldmarkAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of SielckenNew York Surrogate's Court · 1937
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