Irving National Bank v. Kernan
New York Surrogate's Court
Four motions were made by the Irving National Bank to set aside orders, made by the former Surrogate Hutchings, in this matter, granting allowances, in lieu of costs, to Francis Kernan, Roscoe Conkling, Adams and Swan, and A. M. Beardsley, on the grounds among others, that said Surrogate had no power to make such orders; that they were made without notice to the executor or creditors or receiver; that counsel did not represent the prevailing parties; that said orders were…
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Four motions were made by the Irving National Bank to set aside orders, made by the former Surrogate Hutchings, in this matter, granting allowances, in lieu of costs, to Francis Kernan, Roscoe Conkling, Adams and Swan, and A. M. Beardsley, on the grounds among others, that said Surrogate had no power to make such orders; that they were made without notice to the executor or creditors or receiver; that counsel did not represent the prevailing parties; that said orders were made by mistake and inadvertence as to the solvency of the estate; and that in some of the cases the amounts allowed were…
1Opinion of the Court
The Surrogate.
As these objections strike at the very foundation of the motions under consideration, I *4deem it my duty first to determine them before considering the merits of the motions, especially as on the former motions I entered into the merits upon substantially the same facts, to the decision of which, reference may be made to ascertain my views upon the merits. It is urged by counsel for the petitioners that the objections above stated are not preliminary in the proper sense of the word, and that a preliminary objection, is one based upon the moving papers and not upon the opposing…
2Cases cited5 opinions
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Brownell v. CurtisNew York Court of Chancery · 1843
- Willet v. FayerweatherNew York Supreme Court · 1847
- Hall v. EmmonsThe Superior Court of New York City · 1870