Greene v. Day
New York Surrogate's Court
Motion to confirm referee’s report on accounting of Elizabeth M. Day and R. B. Martine, executrix and executor of the will of decedent. John W. Greene, as administrator of a deceased alleged creditor of said decedent, interposed written exceptions to the report, which, it was claimed, should be ignored. Further facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
In the year 1856, Margaret Greene, as executrix of her deceased husband David, commenced against this decedent, who was then living, an action for an accounting. An answer was interposed, and the case sent to a referee to hear and determine. During the pendency of the proceedings, the referee died, and another was appointed in his place. The death of the plaintiff followed in 1863, and that of the defendant in 1877. In 1878, John Greene, a son of David, was granted letters of administration, with the will annexed, upon his father’s estate. He thereupon took such steps to revive…
2Cases cited23 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- McNulty v. . HurdNew York Court of Appeals · 1878
- Gardner v. GardnerNew York Court of Chancery · 1838
- Baggott v. BoulgerThe Superior Court of New York City · 1853
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3Cited by3 opinions
- King v. ToddNew York Court of Common Pleas · 1891
- Van Valkenburg v. LasherNew York Supreme Court · 1889
- Ashley v. LambNew York Supreme Court · 1889