MacGregor v. Buell
New York Supreme Court
Motion for judgment upon the remittitur of the Court of Appeals. At a Surrogate’s Court, held in and for the county of Sara-toga on the 31st day of December, 1855, it was decreed by the surrogate that certain instruments offered for probate as the last will and testament of James Macgregor, deceased, be admitted to probate, and certain other instruments offered by James Buell be rejected.
Read the full summary
Motion for judgment upon the remittitur of the Court of Appeals. At a Surrogate’s Court, held in and for the county of Sara-toga on the 31st day of December, 1855, it was decreed by the surrogate that certain instruments offered for probate as the last will and testament of James Macgregor, deceased, be admitted to probate, and certain other instruments offered by James Buell be rejected. The decree also made other provisions, and ordered: 1st. That letters testamentary issue to James Macgregor. 2d. That there be allowed and paid to Duncan Macgregor, from the estate of the deceased, his costs…
1Opinion of the CourtMiller, J.
The Code (§ 12) provides that “ the Court of
Appeals may reverse, affirm, or modify the judgment, or order appealed from, in whole or in part, and as to any or all the parties, and its judgment shall be remitted to the court below to be enforced according to law.” It is claimed by the counsel for the appellant that the reversal of the judgment of affirmance as to the issuing of letters testamentary to James Macgregor, in which James Buell had no interest, and of the judgment of affirmance as to costs, of necessity operates as a reversal of the surrogate’s decree, and sustains the appeal as to…
2Cited by1 opinion
- O'Brien v. SeyboltAppellate Division of the Supreme Court of the State of New York · 1914