In re Worthington's Estate
New York Supreme Court
Appeal from surrogate’s court, Westchester county. Proceeding to settle the accounts of Sarah N. Worthington and others, executors and trustees under the will of Harry T. Worthington. From an order of the surrogate denying a motion to open and amend a decree settling the account of the executors and trustees, John A. Bryan, one of the executors, appeals. Affirmed. .
1Opinion of the CourtPratt, J.
This is an appeal from an order of the surrogate of Westchester county refusing to open and amend a decree settling the accounts of the executors and trustees, filed November 4, 1891. It is perhaps unnecessary to add anything .to the opinion filed by the surrogate, that an issue might be raised by the representatives of the deceased executor, who made the assignment, whether the assignment was a valid instrument, and upon this issue the parties would be entitled to a trial by jury, which could not be had in the surrogate’s court. It seems clear that when the assignment was made there were no…
2Cases cited1 opinion
- In re HarrisNew York Surrogate's Court · 1886