In re Clark
New York Supreme Court
Appeal from surrogate’s court, Chenango county. Ellen A. Clark, surviving executrix of the will of Hiram Schrom, deceased, appeals from a decree of the surrogate on the final judicial settlement of the accounts of such surviving executrix.
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Appeal from surrogate’s court, Chenango county. Ellen A. Clark, surviving executrix of the will of Hiram Schrom, deceased, appeals from a decree of the surrogate on the final judicial settlement of the accounts of such surviving executrix. After the appeal was taken, the appellant elected to have it “heard on the decision of the surrogate, and the decree and the questions of law only. ” Two clerical errors crept into the decree, amounting to $13.05, and it is conceded that the decree is erroneous to that extent, and that the amount to be divided according to the decision of the surrogate…
1Opinion of the CourtHardin, P. J.
Ho case containing the evidence given before the surrogate is presented to us upon this appeal, and we may not review the findings of fact made by the surrogate; nor need we consider the exceptions to findings of fact mentioned in the notice of appeal served by the appellant. See section 2545 of the Code of Civil Procedure. It seems, by the findings, that the appellant was indebted to Hiram Schrom, the deceased, at the .time of his death, and that she did not pay such indebtedness to her co-executrix during her life-time, and apparently that indebtedness continued against the appellant down…
2Cases cited2 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Baucus v. . StoverNew York Court of Appeals · 1882
3Cited by3 opinions
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- In re the Judicial Settlement of the Account of DavisNew York Surrogate's Court · 1902
- In re the Judicial Settlement of the Account of DavisNew York Surrogate's Court · 1902