Van Sinderen v. Lawrence
New York Supreme Court
Appeal from special term, Yew York county. Action by Adrian Van Sinderen, testamentary trustee of the estate of Will•iam Lawrence, deceased, to enjoin proceedings in plaintiff’s accounting before the surrogate until a certain release alleged to have been given him by •defendant, William B. Lawrence, should be established as a conclusive discharge of the latter’s claims against plaintiff or the estate. Defendant appeals from an interlocutory judgment overruling his demurrer.
1Opinion of the CourtDaniels, J.
The plaintiff is the trustee of the estate of William Law■rence, deceased. In January, 1887, he presented his petition to the surrogate’s •court for the county of Yew York for a citation directed to the beneficiaries •under the last will and testament of the testator to attend the judicial settle*26ña ent of the plaintiff’s accounts as such trustee. The citation was issued and served, and after its return-day an application was made by the defendant for leave to be made a party to the accounting, which was allowed by the surrogate. He thereupon filed objections to the accounts, and it was…
2Cases cited1 opinion
- Wright v. . FlemingNew York Court of Appeals · 1879
3Cited by7 opinions
- In re Wagner's EstateNew York Supreme Court · 1889
- In re the Judicial Settlement of the Account of Proceedings of the United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ewald v. Medical Society of the County of New YorkNew York Supreme Court · 1911
- In re McCabeNew York Surrogate's Court · 1891
- Leask v. McCartyNew York Supreme Court · 1908
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