In re Stevenson's Estate
New York Supreme Court
Appeal from surrogate’s court, New York county. Application by Maurice S. Cohen for a judicial settlement of the ■accounts of Sewanee M. Stevenson, James D. Smith, and James McClenahan, executors of the will of David Stevenson, deceased. 'The application was denied, and petitioner appeals. Affirmed. The respondents’ testator died in 1892, and letters testamentary were issued October 31st of that year, on his estate, to the respondents.
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Appeal from surrogate’s court, New York county. Application by Maurice S. Cohen for a judicial settlement of the ■accounts of Sewanee M. Stevenson, James D. Smith, and James McClenahan, executors of the will of David Stevenson, deceased. 'The application was denied, and petitioner appeals. Affirmed. The respondents’ testator died in 1892, and letters testamentary were issued October 31st of that year, on his estate, to the respondents. Prior to December 26, 1892, the appellant presented to them an account for legal services rendered and disbursements made by him for the testator, amounting to…
1Opinion of the CourtFollett, J.
The purpose of the appellant was evidently to file a petition which would authorize a decree under sections 2722 and 2725, or under sections 2726 and 2727, of the Code of Civil Procedure. It is not necessary now to determine whether the remedies provided by these sections can be united and prosecuted in a single proceeding. Section 2722 provides;
“In either of the following cases a petition may be presented to the surrogate’s court, praying for a decree directing an executor or administrator to pay the petitioner’s claim, and that he be cited to show cause why such a decree should not be made:…
2Cases cited2 opinions
- In re Callahan's EstateNew York Supreme Court · 1892
- In re CowdreyNew York Surrogate's Court · 1887