In Re the Accounting of Union Trust Co.
New York Court of Appeals
Appeal from a decree of the New York County Surrogate’s Court, entered April 10, 1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which modified and affirmed as modified a decree of such Surrogate’s Court settling the account of the Union Trust Company as trustee of the estate of George P. Lawrence, deceased.
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Appeal from a decree of the New York County Surrogate’s Court, entered April 10, 1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which modified and affirmed as modified a decree of such Surrogate’s Court settling the account of the Union Trust Company as trustee of the estate of George P. Lawrence, deceased. The Union Trust Company of New York city commenced this proceeding on March 15, 1901, in the Surrogate’s Court of New York county to secure a judicial settlement of its account as trustee under the will of George P. Lawrence, deceased.…
1Per curiam
We are of the opinion that the .notice of appeal to this court ivas insufficient to effect an appeal from the final order of the Appellate Division modifying the surrogate’s decree of September 6, 1901. The appeal was taken directly from the judgment or decree of the Surrogate’s Court, which was entered after the decision of the Appellate Division, and not from the order of that court. This procedure was unauthorized, as this court has jurisdiction to review only actual determinations of the Appellate Division. It is true that the appellants in their notice of appeal gave notice of an…
2Cases cited1 opinion
- Ansonia Brass and Copper Co. v. . ConnerNew York Court of Appeals · 1885
3Cited by5 opinions
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- In Re the Estate of WestbergNew York Court of Appeals · 1938
- Dwight v. . GibbNew York Court of Appeals · 1913
- Dwight v. GibbNew York Surrogate's Court · 1913
- In re Proving the Will of LelandNew York Surrogate's Court · 1916