Yale v. Baker
New York Supreme Court
Appeal from a decree of the surrogate of Monroe county, denying the petition of Charles E. Yale, administrator, with the will annexed, etc., of Henry H. Van Burén, deceased, for a re-settlement of the accounts of his predecessors Jeremiah S. Baker, executor, and George R. Sanford and Sarah A. Van Burén, former administrator and administratrix with the will annexed of said testator.
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Appeal from a decree of the surrogate of Monroe county, denying the petition of Charles E. Yale, administrator, with the will annexed, etc., of Henry H. Van Burén, deceased, for a re-settlement of the accounts of his predecessors Jeremiah S. Baker, executor, and George R. Sanford and Sarah A. Van Burén, former administrator and administratrix with the will annexed of said testator. The testator died in 1868. His will, in which the above-named executor was appointed, was duly proved and letters testamentary issued. Within a few months, such executor was superseded and letters of administration…
1Opinion of the CourtGilbert, J.
The accountings sought to be opened were all had before the surrogate who made the order appealed from. It now appears that the inventory of the estate of the decedent and most of the vouchers filed in the office of the surrogate, upon such accountings, have been lost. It would be a great hardship to the predecessors of the petitioner to compel them to account over again under such circumstances, and it is manifest that an order compelling them to do so might work great injustice. Upon the evidence before us, therefore, we should not be disposed to interfere with the discretion exercised by…
2Cases cited5 opinions
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Beall v. New MexicoSupreme Court of the United States · 1873
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Young v. KimballIndiana Supreme Court · 1846
- Goodyear v. BloodgoodNew York Court of Chancery · 1846