Clark v. Ford
New York Court of Appeals
Nathan Ford died in 1829, leaving a will of real and personsonal estate, which was duly proved before the surrogate of St. Lawrence county, and letters. testamentary were granted to the executors therein named, all of whom died on or before April 2, 1842, and letters of administration with the will annexed, were issued to Ohilion Ford, the respondent.
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Nathan Ford died in 1829, leaving a will of real and personsonal estate, which was duly proved before the surrogate of St. Lawrence county, and letters. testamentary were granted to the executors therein named, all of whom died on or before April 2, 1842, and letters of administration with the will annexed, were issued to Ohilion Ford, the respondent. He was superseded as such administrator on July 13, 1850, and Edwin Clark and David B. 0. Ford, the appellants, were appointed in his place. On June 16, 1860, the appellants presented their petition to the surrogate of St. Lawrence county,…
1Opinion of the Court
By the Court.
Scrugham, J.
In proceedings instituted by a successor of an administrator, to compel an accounting by his predecessor, the surrogate cannot make any decree for the payment or distribution of such part of the estate as may remain to be paid or distributed; but he may do so when the proceedings are taken upon the application of a person having a demand against the estate, either as creditor, legatee, or next of kin. 2 Rev. Stat. 95, § 71.
The prayer of the petition to the surrogate was not merely for an accounting, but also that the respondent should be required to pay over to the…
2Cases cited2 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by17 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- In Re the Estate of RogersNew York Court of Appeals · 1897
- In re the Estate of IrvinAppellate Division of the Supreme Court of the State of New York · 1902
- Congregational Unitarian Society v. HaleAppellate Division of the Supreme Court of the State of New York · 1898
- In re DeitzNew York Surrogate's Court · 1929
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