Legal Opinion
In Re the Estate of Schoenewerg
New York Court of Appeals
Decided April 12, 1938PublishedCited by 26 opinions
1Opinion of the CourtLotjghran, J.
We meet first a question of our jurisdiction.
This proceeding was brought in the Surrogate’s Court of the county of New York by the remainderman of a testamentary trust to compel an accounting by the trustee. After a hearing, the Surrogate dismissed the petition. On appeal by the petitioner to the Appellate Division, the decree was reversed and a new trial ordered.
This appeal by the trustee was taken by leave of the Appellate Division granted pursuant to subdivision 4 of section 588 of the Civil Practice Act as in the case of a determination “ other than a judgment, or order which finally…
2Cases cited5 opinions
- Doheny v. . LacyNew York Court of Appeals · 1901
- In Re the Probate of the Will of SchillingerNew York Court of Appeals · 1932
- In Re the Probate of Will of GibsonNew York Court of Appeals · 1909
- Flagg v. MosesNew York Court of Appeals · 1928
- In Re the Accounting of PerryNew York Court of Appeals · 1936
3Cited by26 opinions
- In Re the Accounting of New York Trust Co.New York Court of Appeals · 1945
- In re the Estate of JamesNew York Surrogate's Court · 1940
- In re the Accounting of BishopNew York Surrogate's Court · 1943
- In re the Accounting of Central Hanover BankAppellate Division of the Supreme Court of the State of New York · 1949
- Restaurants & Patisseries Longchamps, Inc. v. O'ConnellNew York Court of Appeals · 1947
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