In re De Russy's Will
New York Supreme Court
Appeal from surrogate’s court, New York county. Petition by Thomas W. Parkin, executor of Emily L. De Bussy, deceased, that an order of reference to examine the account of said executor be vacated. The executor appeals from an order denying the petition.
1Opinion of the CourtDaniels, J.
The account affected by the order was filed by the executor pursuant to an order of the surrogate, made under subdivision 4 of section 2723 of the Code of Civil Procedure. That empowered the surrogate, by an order, to require an intermediate account to be rendered, when 18 months have elapsed since the letters were issued, and no special proceedings were pending for a judicial settlement of the accounts of the executor: and the facts in this case brought it within this provision of the Code. The executor, in compliance with the order of the surrogate, filed his account in detail, commencing…
Also in this document: Concurrence.
2Cases cited1 opinion
- Buchan v. . RintoulNew York Court of Appeals · 1877
3Cited by2 opinions
- In re MingMontana Supreme Court · 1894
- In re the Application for a Compulsory Accounting in the Estate of AppellAppellate Division of the Supreme Court of the State of New York · 1921