In Re the Estate of Hood
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 9, 1886, which affirmed an order of the surrogate of Westchester county directing Frederick Hood, as late executor of the will of Andrew Hood, deceased, to render an account, and also an order of said surrogate directing said Frederick Hood to pay over to the remaining executrix the sum of $31,775. The material facts are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 9, 1886, which affirmed an order of the surrogate of Westchester county directing Frederick Hood, as late executor of the will of Andrew Hood, deceased, to render an account, and also an order of said surrogate directing said Frederick Hood to pay over to the remaining executrix the sum of $31,775. The material facts are stated in the opinion. The surrogate had no authority to direct the appellant to render an account as executor. (In re Hood, 90 N. Y. 512; 98 id. 371; Uhlman v.…
1Opinion of the CourtFinch, J.
The petition presented to the surrogate asserted as the ground of the relief sought, that Frederic Hood and the petitioner had been originally appointed executor and executrix of the last will of Andrew Hood; that the letters testamentary issued to Frederic Hood had been revoked for his misconduct, leaving the petitioner sole remaining representative of the estate; that previous to such revocation and about January, 1869, the said executor had collected bonds and mortgages which were assets in his hands amounting to between forty and fifty thousand dollars; and upon these facts the petitioner…
2Cases cited4 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Matter of Estate of HoodNew York Court of Appeals · 1885
- Angevine v. . JacksonNew York Court of Appeals · 1886
- Matter of the Estate of HalseyNew York Court of Appeals · 1883
3Cited by18 opinions
- Hudson v. BarrattSupreme Court of Kansas · 1900
- Cluff v. . DayNew York Court of Appeals · 1891
- In re Falls' EstateNew York Supreme Court · 1890
- In re the Judicial Settlement of the Account of YetterAppellate Division of the Supreme Court of the State of New York · 1899
- In re Hobson's WillNew York Supreme Court · 1891
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