Legal Opinion

In re the Accounting of Robertson

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900PublishedCited by 10 opinions

Appeal by Duncan M. Robertson, as executor, etc., of Leicester Burnett, deceased, from an order, of the Surrogate’s Court of St.. Lawrence- county, dated the 31st day of July, 1899, amendatory of a decree entered in said court on the 17th day of November, 1898, and as amended by an order entered in said court on the 18th day of December, 1899, and also from said decree as amended.

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Appeal by Duncan M. Robertson, as executor, etc., of Leicester Burnett, deceased, from an order, of the Surrogate’s Court of St.. Lawrence- county, dated the 31st day of July, 1899, amendatory of a decree entered in said court on the 17th day of November, 1898, and as amended by an order entered in said court on the 18th day of December, 1899, and also from said decree as amended. Duncan M. Robertson, the appellant, is the sole executor of Leicester Burnett, who died in 1890, leaving a last -will and testament, in which were given certain general legacies. By the inventory the estate was…

1Opinion of the Court

Smith, J.:

At the threshold of the argument the appellant challenges the right of the surrogate to thus amend his decree. By subdivision 6 •of section 2481 of the Code of Civil Procedure, in specifying the incidental powers of the surrogate, it is provided: “ 6. To open, vacate, modify or set aside, or to enter, as of a former time, a decree or order of his court; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error or other sufficient ■cause. The powers conferred by this subdivision must be ‘exercised only in a like case and in the same manner as a…

2Cases cited7 opinions

  1. Ladd v. . StevensonNew York Court of Appeals · 1889
  2. Hatch v. . Central National BankNew York Court of Appeals · 1879
  3. Matter of HendersonNew York Court of Appeals · 1898
  4. In Re the Accounting of UnderhillNew York Court of Appeals · 1889
  5. Campbell v. ThatcherNew York Supreme Court · 1866

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In re the Estate of SielckenNew York Surrogate's Court · 1937
  2. In re the Transfer Tax upon the Estate of PutnamAppellate Division of the Supreme Court of the State of New York · 1927
  3. In re the Estate of JagnowNew York Surrogate's Court · 1933
  4. In re the Appraisal under an Act Relating to Taxable Transfers of the Property of EarleAppellate Division of the Supreme Court of the State of New York · 1902
  5. In re the Estate of HellerNew York Surrogate's Court · 1962

5 more not listed; retrieve them via the Exa API.

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