Collins v. Hoxie
New York Court of Chancery
This was an appeal by Hezekiah Collins, one of the residuary legatees of Luke Hoxie, deceased, from the sentence and decree of the surrogate of the county of Madison, for the final settlement of the accounts of the executors, and for the distribution of the estate of the decedent among his residuary legatees. The executors rendered their account, of receipts and disbursements, and of the estate of the decedent which had come to their hands.
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This was an appeal by Hezekiah Collins, one of the residuary legatees of Luke Hoxie, deceased, from the sentence and decree of the surrogate of the county of Madison, for the final settlement of the accounts of the executors, and for the distribution of the estate of the decedent among his residuary legatees. The executors rendered their account, of receipts and disbursements, and of the estate of the decedent which had come to their hands. To which account the appellant, and four others of the residuary legatees, objected that the executors had not charged themselves with a quantity of…
1Opinion of the Court
The Chancellor.
The respondents in this case misapprehended the effect of the 118th rule of this court if they *85supposed the final decree of the surrogate could be modified in their favor, where it was not found to be erroneous as against the appellant, without bringing a cross appeal; except in relation to the items in the account. But in case there is no error in the account, the appellant cannot succeed on his appeal if the decree is more favorable to him than it ought to have been. Should it therefore be found, upon examination, that the surrogate was wrong in supposing that Rhoda Delaney…
2Cited by36 opinions
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Willcox v. SmithNew York Supreme Court · 1858
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Bisson v. . W.S.R.R. Co.New York Court of Appeals · 1894
- Presley v. HanksCourt of Appeals of Tennessee · 1989
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