In re Prout's Estate
New York Supreme Court
Appeal from surrogate’s court, Hew York county. Petition by Moses P. Prout, son of and residuary legatee under the will of Robert T. Prout, deceased, who was an heir and distributee of the estate of William F. Prout, deceased, to require Moses P. Prout, son of Jacob Prout, George Pisnie, and James McHab, administrators, etc., of said William F. Prout, to file their account.
Read the full summary
Appeal from surrogate’s court, Hew York county. Petition by Moses P. Prout, son of and residuary legatee under the will of Robert T. Prout, deceased, who was an heir and distributee of the estate of William F. Prout, deceased, to require Moses P. Prout, son of Jacob Prout, George Pisnie, and James McHab, administrators, etc., of said William F. Prout, to file their account. It was objected that the petitioner was not “a creditor or person interested in the estate, ” within Code Civil Proc. 1$. Y". § 2726, and could not, therefore, maintain such a proceeding. From an order directing the filing…
1Opinion of the CourtVan Brunt, P. J.
This is an appeal from an order made by the surrogate upon the petition of Moses P. Prout, directing that the administrators of William F. Prout, deceased, render and settle an account of their proceedings as such administrators. The objection taken is that the petitioner is not a person interested in the estate so as to authorize him to present his petition for the purposes above stated. The deceased, William F. Prout, died intestate, leaving personal property, and as his next of kin six nieces and four nephews, of whom Robert T. Prout, the father of the petitioner, was one. Subsequent to…
2Cases cited1 opinion
- Fisher v. . BantaNew York Court of Appeals · 1876
3Cited by2 opinions
- In re WattsAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Accounting of CambeisNew York Surrogate's Court · 1969