Hard v. Leurendus
New York Court of Appeals
Appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June Term, 1889, which affirmed a judgment entered upon the report of a referee.
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Appeals from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June Term, 1889, which affirmed a judgment entered upon the report of a referee. This action was brought by plaintiffs as the administrators of William M. Ashley, * deceased, against the executor, with whom are joined the heirs at law and legatees of Isaac Ashley, to obtain an accounting by the executor and a distribution of the estate in his hands. The judgment gave effect, as against the appellants Leurendus B. Ashley and wife, to a certain agreement between…
1Opinion of the CourtGray, J.
The first observation we make is with respect to the bringing of this action in the Supreme Court. There was no reason for resorting to another forum than that established by the statute for the final ■ settlement of an executor’s accounts. No objection appears to have been taken on the-record. If it had been made, a grave jurisdictional question would have been presented. We do not wish to be understood, however, as assenting to this procedure. These proceedings belong, by law, to Surrogates’ Courts, which were constituted to take jurisdiction of them, and the powers of which are appropriate…
2Cases cited6 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Tooley v. . BaconNew York Court of Appeals · 1877
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Westcott v. CadyNew York Court of Chancery · 1821
- Colt v. ColtSupreme Court of Connecticut · 1865
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3Cited by56 opinions
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Wright v. . WrightNew York Court of Appeals · 1919
- Goodwin v. . CoddingtonNew York Court of Appeals · 1897
- City National Bank of Columbus v. JordanSupreme Court of Iowa · 1908
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
51 more not listed; retrieve them via the Exa API.