Singer v. Hawley
New York Surrogate's Court
David Hawley, the testamentary guardian and trustee of Adam M. Singer, recently cited the ward and cestui que trust, who had attained lawful age, to attend a settlement of his accounts as such guardian, etc.
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David Hawley, the testamentary guardian and trustee of Adam M. Singer, recently cited the ward and cestui que trust, who had attained lawful age, to attend a settlement of his accounts as such guardian, etc. Pending this proceeding, and before the filing of the account, Mr. Singer made an application, praying that a decree, made on the accounting of said Hawley as executor of the will of the deceased, and entered in 1877, and that two decrees on accounting by him as trustee and guardian entered, respectively, in 1878 and 1881, might be opened, vacated, modified or set aside, so far as to…
1Opinion of the Court
The Surrogate.
There can be no doubt that subd. 6 of § 2481 of the Code is inapplicable to this case. The proceeding for the last of the series of accountings was commenced before chapter 18 went into effect; and § 3347, subd. 11, does not make it apply to such a proceeding. Nevertheless, that section was partly based upon former decisions of the courts, and was extended also, so as to embrace a *574broader field of jurisdiction. Before the Code, a Surrogate had power to open decrees for an excusable default resulting injuriously to the defaulting party, for clerical error, for fraud in procuring…
2Cases cited2 opinions
- Kellett v. RathbunNew York Court of Chancery · 1833
- Tucker v. McDermottNew York Surrogate's Court · 1876