Legal Opinion

In re Butler's Estate

New York Surrogate's Court

Decided April 15, 1888PublishedCited by 8 opinions

Accounting by Alfred M. Wiles and John Butler, executors of the will of Patrick Butler, deceased. Laws 17. Y. 1884, c. 899, § 1, amended Code Civil Proc. 17. Y. §• 2606, so as to read as follows: “Where an executor, administrator, guardian, or testamentary trustee dies, the surrogate’s court has the same jurisdiction, upon the petition of his successor, or-of a surviving executoi’, administrator, or guardian, or of a creditor, or person interested in the estate, or of the…

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Accounting by Alfred M. Wiles and John Butler, executors of the will of Patrick Butler, deceased. Laws 17. Y. 1884, c. 899, § 1, amended Code Civil Proc. 17. Y. §• 2606, so as to read as follows: “Where an executor, administrator, guardian, or testamentary trustee dies, the surrogate’s court has the same jurisdiction, upon the petition of his successor, or-of a surviving executoi’, administrator, or guardian, or of a creditor, or person interested in the estate, or of the guardian’s ward, to compel the executor or administrator of the decedent to account, which it would have against the…

1Opinion of the Court

Weiant, S.

This accounting was commenced before the late Surrogate Suffern, in the year 1875, and the matter was sent to an auditor, before whom a considerable mass of testimony was taken. The last hearing before the auditor appears to have been had in 17ovember, 1876. After that date the proceeding seems to have been allowed to sleep until revived in the spring of 1886. In the mean time John Butler, one of the executors, died; also John and Richard Butler, legatees, and children of the testator. Proceedings were then had by which Anastasia Butler, the executrix of the will of the deceased…

2Cases cited16 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Lent v. . HowardNew York Court of Appeals · 1882
  3. Collier v. . MunnNew York Court of Appeals · 1869
  4. Baucus v. . StoverNew York Court of Appeals · 1882
  5. Hyland v. . BaxterNew York Court of Appeals · 1885

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3Cited by8 opinions

  1. In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
  2. In re the Judicial Settlement of the Account of FurnissAppellate Division of the Supreme Court of the State of New York · 1903
  3. In re Stark's EstateNew York Surrogate's Court · 1891
  4. In re the Accounting of DummettNew York Surrogate's Court · 1902
  5. In re the Estate of GarmesNew York Supreme Court · 1936

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

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