In re Merrill

The respondent asks that the order be resettled so as to reverse specified findings of fact made by the surrogate and to insert a new finding in lieu thereof.

The trial having been before the surrogate without a jury, the surrogate was required to file a decision in writing, directing the decree to be entered, but which need not contain either findings of fact or conclusions of law, and no party after the close of the trial had a right to request a finding upon any question of fact or a ruling upon a question of law. On appeal, such a decree would have the same effect as the general verdict of…