Rogers v. King
New York Court of Chancery
This was an appeal from a decision of the surrogate of the city and county of New-York. The respondents, who, as the executors of the will of their deceased father, were creditors of the estate of A. Gracie, deceased, cited the appellant, N. Rogers, as the surviving executor of the will of the last mentioned decedent, to account before the surrogate pursuant to the directions of the statute.
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This was an appeal from a decision of the surrogate of the city and county of New-York. The respondents, who, as the executors of the will of their deceased father, were creditors of the estate of A. Gracie, deceased, cited the appellant, N. Rogers, as the surviving executor of the will of the last mentioned decedent, to account before the surrogate pursuant to the directions of the statute. The appellant appeared before the surrogate and opposed the accounting, upon the ground that A. Hosack and J. Blunt as executors of A. Hosaclc, deceased, another creditor of A. Grade’s estate, had filed a…
1Opinion of the Court
The Chancellor.
The surrogate has concurrent jurisdiction with this court to call an executor or administrator to account. And if the same party who files a bill in this court against such executor or administrator subsequently cites him to account before the surrogate, the pendency of the suit here, for the same object, ought to be allowed by the surrogate as a valid objection to the proceeding there 5 in the nature of a plea in abatement. And where, in a suit properly instituted in this court, by any other creditor, legatee, or distributee of the estate, a decree for an account has been…
2Cited by29 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Wood v. . BrownNew York Court of Appeals · 1866
- Groshon v. LyonNew York Supreme Court · 1853
- Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
- Bartholomay Brewing Co. v. HaleyAppellate Division of the Supreme Court of the State of New York · 1897
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