In re the Estate of Gilbert
New York Supreme Court
Appeal from an order of the surrogate of Ontario county, directing George Thayer, as administrator, etc., of Edwin Gilbert, to render an account of the proceeds arising from the sale by him of certain real estate.
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Appeal from an order of the surrogate of Ontario county, directing George Thayer, as administrator, etc., of Edwin Gilbert, to render an account of the proceeds arising from the sale by him of certain real estate. In April, 1861, Edwin Gilbert died intestate, and in May following letters of administration were issued to Elizabetli O. Gilbert, his widow, and George Thayer, and they, as such administrators, made final settlement of their accounts, and a decree was entered, accordingly by the surrogate in June, 1861. Prior to the death of Gilbert, Thayer gave to him, Perry E. Pitts and Gideon…
1Opinion of the Court
Bradley, J.:
The form of the prayer of the petition is that Thayer, as surviving administrator, appear and render a further account of his proceedings. This is founded upon allegations in relation to the Minnesota lands and the proceeds of the sales. The order is to the same effect as the prayer of the petition, and further especially directs him to render an account of the proceeds of such sales.
The counsel for the petitioners contends that the order is not appealable because it is interlocutory, that it can I ie reviewed only after and with the appeal from the final decree, as the questions…
2Cases cited21 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Clark v. ClarkNew York Court of Chancery · 1840
- Hurlburt v. . DurantNew York Court of Appeals · 1882
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