Legal Opinion

In re Westerfield

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1901PublishedCited by 6 opinions

Appeal by' Thomas Rogers from an order of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 20th day of March, 1899, opening a decree and authorizing the .petitioners to take further proof upon the merits.- Also a motion by Thomas 'Rogers to resettle a former order of the Appellate Division, second department,. made and entered on the 11th day of July, 1898. Also a motion by Thomas Rogers asking that the Appellate Division, second…

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Appeal by' Thomas Rogers from an order of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 20th day of March, 1899, opening a decree and authorizing the .petitioners to take further proof upon the merits.- Also a motion by Thomas 'Rogers to resettle a former order of the Appellate Division, second department,. made and entered on the 11th day of July, 1898. Also a motion by Thomas Rogers asking that the Appellate Division, second department, enter a final decree, based Upon its decision entered on the 27th day of March, 1900.

1Opinion of the Court

Goodrich, P. J.:

The matters disclosed by the papers upon this appeal and in the respective motions call for an examination of - "the prior proceedings in the matter to which these applications refer; and while it is not necessary to restate all the details, it is proper to call attention- to the several decisions and orders which have-been made by this court, in order that the present applications and our disposition of them may be fairly understood. The matter, as it has appeared in this court, will be found reported in Matter of Westerfield (32 App. Div. 324; 40 id. 610; 48 id. 542), and in…

2Cases cited9 opinions

  1. Matter of HendersonNew York Court of Appeals · 1898
  2. Matter of the Petition of LivingstonNew York Court of Appeals · 1866
  3. Gelston v. CodwiseNew York Court of Chancery · 1814
  4. In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1898
  5. Lyon v. MerrittNew York Court of Chancery · 1837

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3Cited by6 opinions

  1. In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
  2. In re the Estate of BalfeNew York Surrogate's Court · 1940
  3. Westerfield v. . RogersNew York Court of Appeals · 1903
  4. In re the Judicial Settlement of the Account of BurrowsAppellate Division of the Supreme Court of the State of New York · 1926
  5. Westerfield v. RogersAppellate Division of the Supreme Court of the State of New York · 1901

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