In re Post
New York Supreme Court
Appeal from surrogate’s court, New York county. Judicial settlement of the account of Henry A. Y. Post, as administrator of Edwin Post, deceased, which latter in his lifetime was administrator with the will annexed of Cornelia Post.
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Appeal from surrogate’s court, New York county. Judicial settlement of the account of Henry A. Y. Post, as administrator of Edwin Post, deceased, which latter in his lifetime was administrator with the will annexed of Cornelia Post. From an order .of the surrogate referring the matter back to a referee who had previously been appointed to examine the administrator’s account and the objections thereto, and to determine all questions arising upon the settlement of said account which the surrogate has power to determine, Henry A. Y. Post, administrator, appeals. For decision appealed from, see 9…
1Per curiam
This appeal is premature. The surrogate had power, under section 2546 of the Code of Civil Procedure, to make the original order of reference, and his action in appointing a referee thereunder is not the subject of review. In re Pearsall, (Sup.) 4 N. Y. Supp. 365. . Still less is his present action the subject of review. The order appealed from required the referee to proceed with the accounting as originally directed, and made no final disposition of the matter. When the referee has reported under this direction, and his report has been confirmed or set aside, and a final order of the…
2Cases cited1 opinion
- In re PearsallNew York Supreme Court · 1889
3Cited by1 opinion
- In re the Estate of PostNew York Surrogate's Court · 1900