Legal Opinion

In re Application of Havemeyer

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the petitioners, Jennie Blanche Havemeyer Campbell and others, from an order of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 6th day of January, 1898, denying their motion to offset the costs awarded to the respondent, J. Lee Humfreville, under an order entered herein upon the remittitur of the Court of Appeals against an equal amount of cos'ts remaining unpaid awarded to the petitioners under a decree entered herein on…

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Appeal by the petitioners, Jennie Blanche Havemeyer Campbell and others, from an order of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 6th day of January, 1898, denying their motion to offset the costs awarded to the respondent, J. Lee Humfreville, under an order entered herein upon the remittitur of the Court of Appeals against an equal amount of cos'ts remaining unpaid awarded to the petitioners under a decree entered herein on the 5th day of May, 1896.

1Opinion of the Court

McLaughlin, J.:

On the 5th day of May, 1896, a decree was entered in the Surrogate’s Court of the county of New York revoking letters testamentary theretofore issued to j.- Lee Humfreville, with costs, which he was personally directed to pay. The decree was entered by direction of'this court, upon appeal from an order of the surrogate-denying an application made by the respondents herein -to remove Humfreville as executor of the last will and testament of Mary J. Ha.vemeyer,, deceased. Thereafter, -a certified copy of the- decree having been personally served upon Humfreville, and execution…

2Cases cited4 opinions

  1. Perry v. . ChesterNew York Court of Appeals · 1873
  2. Zogbaum v. . ParkerNew York Court of Appeals · 1873
  3. Lachenmeyer v. LachenmeyerNew York Supreme Court · 1883
  4. Winton v. WintonNew York Supreme Court · 1889

3Cited by2 opinions

  1. Smith v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
  2. Frieder v. AdlermanAppellate Terms of the Supreme Court of New York · 1916

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