In re Sudds
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, St. Lawrence county. In the matter of the judicial settlement of the account of Henry Sudds as executor of the will of James C. Reade, deceased. From a decree confirming the account, Vasco P. Abbott appeals. Dismissed.
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Appeal from surrogate’s court, St. Lawrence county. In the matter of the judicial settlement of the account of Henry Sudds as executor of the will of James C. Reade, deceased. From a decree confirming the account, Vasco P. Abbott appeals. Dismissed. Henry Sudds, as executor of the will of James O. Reade, deceased, filed a petition in the surrogate’s court, St. Lawrence county, for a judicial settlement of his account as such executor, and a citation was issued, directed to the legatees named in said will, including one George S. Miller. The appellant was not named in the citation, but signed…
1Opinion of the CourtChase, J.
Assuming that the alleged agreement was signed by Miller and delivered to appellant as claimed, it is doubtful whether it made appellant a party in interest, entitling him to appear in the proceeding and to maintain this appeal. In re Evans’ Will, 58 App. Div. 502, 69 N. Y. Supp. 482; Id., 65 App. Div. 100, 72 N. Y. Supp. 495. Assuming that such an agreement is sufficient to constitute the person with whom’ the agreement is made a party in interest, nevertheless the appellant herein must fail, for the reason that he has not given any proof of the execution and delivery of the agreement, or of…
2Cases cited2 opinions
- In re Last Will & Testament of EvansAppellate Division of the Supreme Court of the State of New York · 1901
- In re EvansAppellate Division of the Supreme Court of the State of New York · 1901