In Re the Accounting of James
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1916, which reversed a decree of the Ulster County Surrogate’s Court judicially settling the accounts, of the executrix of Amedee de Q-. James, deceased.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 7, 1916, which reversed a decree of the Ulster County Surrogate’s Court judicially settling the accounts, of the executrix of Amedee de Q-. James, deceased. The following questions were certified: “ (1) Did the judgment of the French court and the proceedings of the appellant thereunder estop the appellant from claiming an interest in the American property of the testator under the French law of community ? “ (2) Is the appellant estopped by her petition, answer,…
1Opinion of the CourtChase, J.
This is a proceéding for a voluntary accounting by an executrix named in a will and to whom ancillary letters testamentary were duly granted by the Surrogate’s Court of Ulster county. The nature of the proceeding and the petition of the executrix on which it is based, assert and emphasize her attitude toward the trust when the proceeding was commenced. She thereby recognizes her fiduciary office under the will of the decedent and her duty to account as executrix in the Surrogate’s Court to the “Persons interested in said decedent’s American estate.” A statement of the facts leading up to the…
2Cases cited5 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1912
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- Suglove v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1979
- Petition of OganesoffDistrict Court, S.D. California · 1927
- In re the Estate of HoffNew York Surrogate's Court · 1942
- In re the Probate of the Will of LamoutteNew York Surrogate's Court · 1949
- Dublin v. DublinNew York Supreme Court · 1934
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