Matter of Henderson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11,1898, reversing an order of the surrogate of Kings county denying a motion to open a decree made on an intermediate accounting by an executor.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11,1898, reversing an order of the surrogate of Kings county denying a motion to open a decree made on an intermediate accounting by an executor. The following question was certified by the Appellate Division for review: “ Whether, notwithstanding the provisions of sections 1290 and 1291 of the Code of Civil Procedure, the surrogate of the county of Kings had power and jurisdiction to grant the petition presented to him on the 4tli day of April, 1898, in said…
1Opinion of the CourtO’Brien, J.
The sole question involved in this appeal is whether a surrogate has power, under the circumstances disclosed, to correct a manifest clerical error, or error in fact, in the records of his own court. There was pending before the surrogate, when the order appealed from was made, an application by the executor for a final accounting. In that proceeding it was discovered that in a prior intermediate accounting, resulting in an order of the surrogate, dated June lltli, 1894, settling the accounts of the executor at that date, he was, in consequence of a mere clerical or arithmetical error,,…
2Cases cited6 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- Sipperly v. . BaucusNew York Court of Appeals · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
- Clark v. . ScovillNew York Court of Appeals · 1910
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- In Re the Accounting of ClareNew York Court of Appeals · 1929
- Morgan v. CowieAppellate Division of the Supreme Court of the State of New York · 1900
55 more not listed; retrieve them via the Exa API.