Howell v. Howell
New York Supreme Court
Appeal from an order of the Oneida Special Term, denying appellant’s motion for a new trial, on the ground of newly discovered evidence. Proceedings were instituted in the Surrogate’s Court for the county of Oswego, to compel the appellant, as' executor, to render an account, which resulted in a decree requiring him to distribute a specific sum of money among tlie legatees, of the testator.
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Appeal from an order of the Oneida Special Term, denying appellant’s motion for a new trial, on the ground of newly discovered evidence. Proceedings were instituted in the Surrogate’s Court for the county of Oswego, to compel the appellant, as' executor, to render an account, which resulted in a decree requiring him to distribute a specific sum of money among tlie legatees, of the testator. On such accounting his account was surcharged with an item which, together with the interest thereon, amounted to the sum of $2,800. The executor complains of so much of the decree as charges him with this…
1Opinion of the Court
Barker, J.:
The Special Term in denying the motion for a new trial, placed the same upon the ground that this court is without jurisdiction to entertain the same.
We fully concur in the opinion of the learned judge who presided on the hearing. The Surrogate’s Court, where the proceedings originated, has original jurisdiction over the matter involved in this controversy, to take proofs on the questions of fact in contention between the suitors, to make final orders and decrees concerning 1 the matter in dispute subject to the appellate jurisdiction of this court. The right of ajrjjeal is given,…
2Cases cited7 opinions
- Gardner v. GardnerNew York Court of Chancery · 1838
- Doty v. . WillsonNew York Court of Appeals · 1872
- Shultz v. PulverNew York Court of Chancery · 1831
- Kellett v. RathbunNew York Court of Chancery · 1833
- Devin v. . PatchinNew York Court of Appeals · 1863
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