Kellett v. Rathbun
New York Court of Chancery
This was an appeal from the sentence of the surrogate of the county of Cayuga, upon the final settlement of the accounts of the acting executor of Amos Rathbun, deceased.
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This was an appeal from the sentence of the surrogate of the county of Cayuga, upon the final settlement of the accounts of the acting executor of Amos Rathbun, deceased. The testator, by his will, directed his real estate to be sold within five years after his decease; and that the proceeds both of his real and personal estate, after the payment of a small, legacy to one of his sons, and an allowance to the widow in lieu of dower, should be divided among his other nine children in certain specified proportions. J. Kellett, the appellant, who was one of the executors, and the widow, who was…
1Opinion of the Court
The Chancellor.
The proceedings in this case are informal, not only in the court below, but also upon this appeal. But the counsel for the appellant, and the counsel for the several distributees who were entitled to be made parties to the appeal, have consented that such formal defects may be corrected, and that the case should be disposed of on its merits. It is only necessary, therefore, to refer to some of these formal defects for the purpose of pointing out the corrections to be made in the proceedings in that respect, and to prevent similar occurrences in future cases. It appears by the…
2Cited by26 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Willcox v. SmithNew York Supreme Court · 1858
- Davis v. . CrandallNew York Court of Appeals · 1886
- Brick's EstateNew York Surrogate's Court · 1862
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
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