Hyland v. . Baxter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at .the January term, 1884, which affirmed a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at .the January term, 1884, which affirmed a judgment in favor of defendants, entered upon the report of a referee. (Eeported below, 31 Hun, 354.) This action was brought originally by George Hyland, the present plaintiffs’ intestate, for an allowance to him as administrator of the estate of Bernard Baxter, deceased, for advances made by him for the maintenance of the minor children of his intestate: Bernard Baxter died intestate May 27,1862, leaving a widow and three…
1Opinion of the CourtAndeews, J.
The claim of the original plaintiff to be allowed the amount advanced by him to his co-administrator, and applied by her to the support and maintenance of the infant children of Bernard Baxter, the intestate, was presented to the surrogate on the accounting of the administrators," and was disallowed by his decree in that proceeding. It was in the nature of a claim for an allowance for past maintenance, and if the power of a court of equity to make such allowance, invoked in this action, pertained to the surrogate on the accounting, his determination is, res judicata, and is conclusive upon…
2Cases cited6 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Tucker v. TuckerNew York Court of Appeals · 1868
- Jumel v. JumelNew York Court of Chancery · 1839
- Seaman v. . DuryeaNew York Court of Appeals · 1854
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3Cited by45 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- In re the estate of MooreCalifornia Supreme Court · 1892
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- Clary v. ClaryCalifornia Supreme Court · 1896
40 more not listed; retrieve them via the Exa API.