Legal Opinion

Hynes v. McCreery

New York Surrogate's Court

Decided April 15, 1882Published

Motion by Mary E. Hynes, administratrix of decedent’s estate, to dismiss an appeal, taken by Mary J. McCreery, her predecessor in office, from a decree rendered upon the former’s accounting. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

Letters of administration to Mrs. McCreery were revoked by the late Surrogate, and Mrs, Hynes was appointed in her stead. Mrs. McCreery filed an account of her administration, to which Mrs. Hynes filed objections.

The matter was sent to a referee, upon whose report a decree was entered on December 7th, 1881. An appeal from that decree was taken by the accounting, party on March 7th, 1882. Ho citation seems to have been issued at the instance of the superseded administratrix, to her successor, or to the next of kin or creditors of the deceased, to attend upon such account*159ing, in…

2Cases cited5 opinions

  1. Halsey v. Van AmringeNew York Court of Chancery · 1833
  2. People ex rel. Larocque v. MurphyNew York Court of Common Pleas · 1865
  3. Barnum v. Seneca County BankNew York Supreme Court · 1851
  4. In re CarterNew York Court of Chancery · 1831
  5. Stone v. MorganNew York Court of Chancery · 1844

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