In Re the Accounting of Ordway
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1909, which modified and affirmed as modified a decree of the Washington County Surrogate’s Court settling the accounts of the administratrix herein. The facts, so far as material, are stated in the opinion. The appellant should be allowed the counsel fees in Middleworth v. Ordway. (Matter of Blair, 28 Misc.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1909, which modified and affirmed as modified a decree of the Washington County Surrogate’s Court settling the accounts of the administratrix herein. The facts, so far as material, are stated in the opinion. The appellant should be allowed the counsel fees in Middleworth v. Ordway. (Matter of Blair, 28 Misc. Rep. 611; Matter of Hutchinson, 84 Hun, 563; Matter of Ritch, 76 Hun, 36; Rothschild v. Goldenberg, 103 App. Div. 235; Geissler v. Werner, 3 Dem. 200; Downing v.…
1Opinion of the CourtWillard Bartlett, J.
The only question presented by this appeal is whether the surrogate of Washington county was right in holding that the counsel fees and expenses incurred by the appellant in the case of Middleworth v. Ordway (191 N. Y. 404) were not proper charges against the estate of the decedent. That action was brought by Sarah Middleworth against the appellant as the widow and administratrix of James M. Ordway, deceased, and against his heirs, to compel the specific performance of a contract between Mr. Ordway and the father of the plaintiff whereby Mr. Ordway agreed to adopt the plaintiff as his child…
2Cases cited1 opinion
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
3Cited by37 opinions
- Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Jessup v. . SmithNew York Court of Appeals · 1918
- Long v. State of New YorkNew York Court of Appeals · 2006
- Allen v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- Gordon v. GuernseyMassachusetts Supreme Judicial Court · 1944
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