Westervelt v. Gregg
New York Court of Chancery
This case came before the chancellor upon an appeal by the acting executor of H. Westervelt, deceased, from two decisions and orders of the surrogate of the city and county of New-York.
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This case came before the chancellor upon an appeal by the acting executor of H. Westervelt, deceased, from two decisions and orders of the surrogate of the city and county of New-York. Gregg, the respondent, whose wife was a legatee of the testator, presented a petition to the surrogate, stating, among other things, that more than eighteen months had elapsed, and that no account had been rendered; and praying for an order of the surrogate requiring the executor to render an account according to law. An order was made accordingly; and the executor was duly cited to render his account. On the…
1Opinion of the Court
The Chancellor.
I think the surrogate erred in this case, in referring the account to an auditor foi examination. For it does not appear that there was any proceeding before him which called for a final settlement of the account of the executor, or for a settlement or adjustment of the account even as between the parties to the proceedings before him. The rendering of an account, by an executor or administrator, and the settlement of that account after it has been rendered, are not one and the same proceeding, though the latter is frequently a mere continuation of the former proceeding. The…
2Cited by13 opinions
- Coleman v. FarrarSupreme Court of Missouri · 1892
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
- Parsons v. LymanU.S. Circuit Court for the District of Connecticut · 1863
- Geer v. RansomNew York Surrogate's Court · 1882
- Tucker v. McDermottNew York Surrogate's Court · 1876
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