Mills v. . Hoffman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a decree of the surrogate of the county of Cayuga, in proceedings to compel an accounting by William B. Mills, as administrator, with the will annexed, of David 1ST. Follett, deceased. (Reported below, 26 Hun, 594.) The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a decree of the surrogate of the county of Cayuga, in proceedings to compel an accounting by William B. Mills, as administrator, with the will annexed, of David 1ST. Follett, deceased. (Reported below, 26 Hun, 594.) The material facts are stated in the opinion. The respondent, by acceptance of the moneys paid, ratified the acts of her general 1 guardian and estopped herself from controverting either the judgment or the settlement made…
1Opinion of the Court
Ruger, Ch. J.
This case comes here upon an appeal from the judgment of the General Term, affirming a decision of the surrogate of Cayuga county in favor of the petitioner, Frances Hoffman.
The proceeding was commenced before the surrogate by petition filed in May, 1880, by one of the next of kin, to compel. an accounting by an administrator, and was heard from time to time until the 31st day of May, 1881, when he rendered the decree appealed from.
The case shows that the appellant, at the close of the evidence, requested the surrogate to find upon certain questions of fact in. accordance with…
2Cases cited2 opinions
- Wood v. . SeelyNew York Court of Appeals · 1865
- Reid v. HibbardWisconsin Supreme Court · 1858
3Cited by14 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Stone v. CookSupreme Court of Missouri · 1904
- In re SouleNew York Surrogate's Court · 1888
- In re Soule's WillNew York Surrogate's Court · 1888
- In re the application for the revocation of probate of the will of SouleNew York Surrogate's Court · 1888
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