In Re the Accounting of Niles
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon ar order made April 3, 1888, which affirmed a decree of the surrogate of the county of Kings on settlement of the accounts of Nathaniel Niles, as administrator of the estate of Chauncey S. Stevens, deceased. The intestate, Stevens, died in June, 1873, leaving him surviving a widow and a daughter, Elizabeth S. Miller, an only child.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon ar order made April 3, 1888, which affirmed a decree of the surrogate of the county of Kings on settlement of the accounts of Nathaniel Niles, as administrator of the estate of Chauncey S. Stevens, deceased. The intestate, Stevens, died in June, 1873, leaving him surviving a widow and a daughter, Elizabeth S. Miller, an only child. The widow appears to have been subject to Sts or aberration of mind and was deemed incompetent for the transaction of business. Therefore, his daughter,…
1Opinion of the CourtGray, J.
After a careful examination of the voluminous and somewhat diffuse record and briefs, we are led to the conclusion that this appeal must succeed. The proceedings in the Surrogate’s Court, and the decision which closed them were without any apparent regard to certain well-established equitable principles; to the recognition and protection of which every person is entitled, while accounting in that court for his acts as executor or administrator. The appellant, Niles, raises no question as to his responsibility towards the widow. The issue is between him and his co-administratrix, Mrs. Miller,…
2Cases cited4 opinions
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- Roosevelt v. MarkNew York Court of Chancery · 1822
- Upson v. BadeauNew York Surrogate's Court · 1854
- Metcalf & Cushing v. Van BruntNew York Supreme Court · 1862
3Cited by58 opinions
- May v. HendersonSupreme Court of the United States · 1925
- In re the Estate of RothkoNew York Court of Appeals · 1977
- In re the estate of MooreCalifornia Supreme Court · 1892
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
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