Houten v. Pye
Appellate Division of the Supreme Court of the State of New York
Appeal from order of surrogate, Kockland county. In the matter of Erastus Van Houten, as executor of Edward G-. Van Houten. Application of Isaac E. Pye and others, for removal of executor. The executor appeals from an order of the surrogate.
1Per curiam
This court can review the discretionary power of the surrogate’s court so far only as authorized by statute. The provisions of section 2481 of the Code of Civil Procedure do not provide for a review by this court of the order of the surrogate in such a case as the present. In re Tilden, 98 N. Y. 434; In re Hawley, 100 N. Y. 206, 3 N. E. 68; Matter of Hodgman’s Estate, 82 Hun, 419, 31 N. Y. Supp. 263. The power is wholly with the surrogate’s court. There does not appear to have been any abuse of discretion by the surrogate’s court in the denial of the motion, and a review of his order is not…
2Cases cited3 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- In re Hodgman's EstateNew York Supreme Court · 1894