In Re the Estate of Callahan
New York Court of Appeals
Aureal from order of the (ieneral Term of the Supreme 'Court in the first judicial department, made November 29, 1892, which affirmed an order of the surrogate of the city and ■county of New York directing the appellant, as executrix of John Callahan, deceased, to make and file an account, and dismissed an appeal from a subsequent, decision of said surrogate, directing that, said executrix must file an account or a warrant of attachment should issue.
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Aureal from order of the (ieneral Term of the Supreme 'Court in the first judicial department, made November 29, 1892, which affirmed an order of the surrogate of the city and ■county of New York directing the appellant, as executrix of John Callahan, deceased, to make and file an account, and dismissed an appeal from a subsequent, decision of said surrogate, directing that, said executrix must file an account or a warrant of attachment should issue. The facts, so far as material, are stated in the opinion. More than six months having expired since the rejection and contest, or dispute of the…
1Opinion of the CourtMaynard, J.
We can find no authority for this appeal. The order, which the appellant seeks to review, was made in a special proceeding before the surrogate of Ifew York and is not final. The respondent claimed to. be a creditor of the appellant’s testator, and filed a petition for the judicial settlement of the accounts of the appellant as executrix and that she he cited to show cause why she should not render and settle her account, and setting forth all the facts essential to confer jurisdiction upon the surrogate to issue the citation. Upon the return day the appellant appeared and filed a verified…
2Cited by3 opinions
- In re RiesAppellate Division of the Supreme Court of the State of New York · 1919
- In Re Compulsory Accounting of AndrewsNew York Court of Appeals · 1898
- In re the Estate of WeinbaumAppellate Division of the Supreme Court of the State of New York · 1965