Legal Opinion

Fiester v. . Shepard

New York Court of Appeals

Decided April 17, 1883PublishedCited by 24 opinions

Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, made December 30, 1881, which reversed an order of the surrogate of Livingston county, directing defendant, as the executor of the will of Ann Havens, deceased, to account, etc., and remitted the proceedings to said surrogate, with directions to enter an order dismissing the proceedings.

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Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, made December 30, 1881, which reversed an order of the surrogate of Livingston county, directing defendant, as the executor of the will of Ann Havens, deceased, to account, etc., and remitted the proceedings to said surrogate, with directions to enter an order dismissing the proceedings. (Reported below, 26 Hun, 183.) The nature of the proceedings and the material facts are stated in the opinion. Extrinsic evidence is always competent to define or identify either the subject or the object of a…

1Opinion of the Court

Ruger, Ch. J.

On the 1st day of November, 1880, the petitioner presented her petition to the surrogate, requesting a citation to be issued against John Shepard, as the executor of the will of Ann Havens, deceased, requiring him to render an account of his proceedings as such executor. The claim of the petitioner was based upon the allegation that she was the last person who took care of one Darling Havens, before his death, and thereby became the residuary devisee and legatee of all of the real and personal property of the testatrix. The citation was issued and served upon the executor, and…

2Cases cited5 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. Stilwell v. . CarpenterNew York Court of Appeals · 1875
  4. Hurlburt v. . DurantNew York Court of Appeals · 1882
  5. Tucker v. TuckerNew York Court of Appeals · 1868

3Cited by24 opinions

  1. Tillinghast v. Brown UniversitySupreme Court of Rhode Island · 1902
  2. In Re the Estate of GilbertNew York Court of Appeals · 1887
  3. Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
  4. In re the Sale & Conveyance of a Lot & Shop on the East Side of Broad Street in LestershireAppellate Division of the Supreme Court of the State of New York · 1908
  5. In re the Judicial Settlement of the Accounts of GarlockAppellate Division of the Supreme Court of the State of New York · 1937

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