In re the Application for a Compulsory Accounting in the Estate of Appell
Appellate Division of the Supreme Court of the State of New York
Appeal by Amanda Appell Evans, as executrix and trustee, from an order and decree of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said court on the 17th day of February, 1921, denying the motion made by said executrix and trustee for a stay of proceedings under an order of reference directed by the court and to strike out objections made to an intermediate account filed by her pursuant to an order of the court.
1Opinion of the Court
Greenbaum, J.:
It seems to us that the order of reference was inadvertently granted by the learned surrogate. Section 2768, subdivision 8, of the Code of Civil Procedure defines a “ judicial settlement ” as follows: “The expression, ‘judicial settlement,’ where it is applied to an account, signifies a decree of a Surrogate’s *632Court, whereby the account is made conclusive upon the parties to the special proceeding, either for all purposes, or for certain purposes specified in the statute; and an account thus made conclusive is said to be ‘ judicially settled.’ ” The same section, subdivision 9,…
2Cases cited1 opinion
- In re De Russy's WillNew York Supreme Court · 1891