In Re the Accounting of Pruyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed an order of the Surrogate’s Court of the county of Albany directing an accounting.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed an order of the Surrogate’s Court of the county of Albany directing an accounting. The petitioner, John Y. L. Pruyn, was an executor and a legatee under the last will of his father, John Y. L. Pruyn,. deceased, and by this petition he has sought to compel Mrs. Anna P. Pruyn, the widow and an executrix under the will, to render an account of her proceedings as such executrix since January, 1878; at which time letters testamentary were granted to her. Upon the…
1Opinion of the CourtGray, J.
It is difficult to perceive upon what principle the surrogate determined the liability of Mrs. Pruyn, the executrix, to render an account of her proceedings, upon this application. We are without any opinion by him and we can only suppose he must have regarded the matter much in the same light as does the petitioner namely, that an accounting is so much a matter of strict right, as to override and render ineffectual this agreement of the parties. We had occasion, in the Matter of Wagner's Estate (119 N. Y. 28), to consider the question of the effect of a release, given by a person who was…
2Cases cited1 opinion
- In re the Estate of WagnerNew York Court of Appeals · 1890
3Cited by16 opinions
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- In re the Estate of CroweNew York Surrogate's Court · 1931
- In re Estate of HodgmanAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of FrameNew York Surrogate's Court · 1926
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
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