Bogart & Jackson v. Van Velsor
New York Court of Chancery
By the will of Cornelius Van Velsor, his widow Phebe Van Velsor and two infant children were interested in his estate. His executors were the present appellants Jacob Jackson and Andris Bogert. After a lapse of eighteen months from the time of the will being proved, the widow petitioned the surrogate of Queen’s County (on behalf of herself and the children) that the executors should render their account. This was, accordingly, ordered.
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By the will of Cornelius Van Velsor, his widow Phebe Van Velsor and two infant children were interested in his estate. His executors were the present appellants Jacob Jackson and Andris Bogert. After a lapse of eighteen months from the time of the will being proved, the widow petitioned the surrogate of Queen’s County (on behalf of herself and the children) that the executors should render their account. This was, accordingly, ordered. The executors presented their account; and, at the same time, obtained a citation from the surrogate requiring the creditors to attend the settlement. But the…
1Opinion of the Court
McCoun, Justice :
The objection that the surrogate had not acquired jurisdiction to enable him to make such a decree as he has made, is not well founded. The application of Mrs. Van Velsor to have the executors “render an account of their proceedings” was the commencement of a proceeding within the surrogate’s jurisdiction; and upon being cited before the surrogate for that purpose it depended on the executors themselves whether the surrogate should do more than require them to render their account: 2 R. S. 33 (2d ed. sec. 60.) The rendering of an account and the settlement or adjustment of it…
2Cases cited1 opinion
- Areson v. AresonCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by8 opinions
- Roach's EstateOregon Supreme Court · 1907
- Bond v. LockwoodIllinois Supreme Court · 1864
- In re RandolphNew York Surrogate's Court · 1911
- In re the Accounting of DeckerNew York Surrogate's Court · 1902
- Garesché v. PriestMissouri Court of Appeals · 1880
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