In re the Judicial Settlement of the Account of Prentice
Appellate Division of the Supreme Court of the State of New York
Appeal by Anna P. Terry, one of the heirs and legatees under the will of John H. Prentice, deceased, and a party to the above proceeding, from a decree of the Siu-rogate’s Court of the.county of Kings, entered in said Surrogate’s Court on the 14th day of December, 1896, settling the accounts of his executors, except from so much thereof as purports to allot to each executor the proportional share of the commissions, by said decree awarded.
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Appeal by Anna P. Terry, one of the heirs and legatees under the will of John H. Prentice, deceased, and a party to the above proceeding, from a decree of the Siu-rogate’s Court of the.county of Kings, entered in said Surrogate’s Court on the 14th day of December, 1896, settling the accounts of his executors, except from so much thereof as purports to allot to each executor the proportional share of the commissions, by said decree awarded. This appeal was transferred from the second department to the first department. Letters testamentary upon the estate of John H. Prentice were issued in…
1Opinion of the Court
Barrett, J.:
The correctness of the award of commissions made by the decree of 1894 is no longer open. To that decree the appellant was a party, and it stands in all respects unreversed and unmodified. The Code distinctly provides (§ 2742, subd. 1) that -such a decree is conclusive as to the correctness of the amounts allowed to the accounting party for services rendered. The appellant’s counsel is in error in believing that this decree was rendered without jurisdiction, because there was not then before the court sufficient property to admit of linme*211díate payment of the commissions. This did…
2Cases cited3 opinions
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Hancox v. . MeekerNew York Court of Appeals · 1884
- Manier v. PhelpsNew York Supreme Court · 1884
3Cited by6 opinions
- In re the Estate of DoaneWashington Supreme Court · 1911
- In re the Estate of ObergNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Account of HarperNew York Surrogate's Court · 1899
- In re the Estate of Mart E.New York Surrogate's Court · 1906
- In re the Estate of BlakeNew York Surrogate's Court · 1935
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