Matter of Accounting of Consalus
New York Court of Appeals
Appeal by John Consal us, executor of the will of Amelia Hall, deceased, from a judgment of the General Term of the Supreme Court,- in the second judicial department, entered upon an order made January 17, 1882, .which affirmed a decree of the surrogate of the county of Rensselaer upon settlement of the accounts of said executor. - The material facts are stated in the opinion.
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Appeal by John Consal us, executor of the will of Amelia Hall, deceased, from a judgment of the General Term of the Supreme Court,- in the second judicial department, entered upon an order made January 17, 1882, .which affirmed a decree of the surrogate of the county of Rensselaer upon settlement of the accounts of said executor. - The material facts are stated in the opinion. In appeals from the decision of a surrogate,, the whole case will be examined by the appellate court as well upon the facts as upon the law. (Schenck v. Raynor, 22 N. Y. 420 ; Robinson v. Raynor, 28 id. 494.) The…
1Opinion of the CourtEarl, J.
The appellant, John Consalus, was nominated in the will of Mrs. Amelia W. Hall as her executor, and letters testamentary were issued to him in July, 1876. The respondent, James W. Ward, was a legatee named in the will, and in January, 1880, he filed a petition with the surrogate for the purpose of compelling the executor to account and pay his legacy. In pursuance of the citation served upon the executor, he appeared before the surrogate and filed his account, in which he charged himself with a note of $8,000, as follows?: “Note of John Consalus, which is claimed to be illegal and void, and…
2Cases cited1 opinion
- Baucus v. . StoverNew York Court of Appeals · 1882
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- Judge of Probate v. SullowaySupreme Court of New Hampshire · 1896
- Hopkins v. FlowerMassachusetts Supreme Judicial Court · 1926
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