Legal Opinion
In re the Estate of Sprathoff
New York Surrogate's Court
Decided March 15, 1906PublishedCited by 3 opinions
Application to settle the case on appeal, or to pass upon the requests to find. The opinion states the case.
1Opinion of the Court
Church, S.
The appellant in this matter presents an alleged proposed case on appeal and also a number of requests to find, and contends that, unless the papers which he presents as a case on appeal are settled, or unless the proposed findings *345are passed upon, there can be no review on appeal of the order made by this court.
The question when a proposed case should be made on an appeal from the Surrogate’s Court, or when findings should be signed upon the rendition of the decision of the surrogate, seems to perplex a great many; and there is a constant discussion arising upon the various appeals…
2Cases cited4 opinions
- In re Roberts' EstateNew York Supreme Court · 1893
- In re Proving the Last Will & Testament of WidmayerAppellate Division of the Supreme Court of the State of New York · 1900
- In re MarxAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Final Judicial Settlement of the Accounts of DaymonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- In re Robinson's WillNew York Surrogate's Court · 1907
- In re the Final Judicial Settlement of the Account of the Proceedings of RobinsonNew York Surrogate's Court · 1907
- In re the Estate of McDonaldAppellate Division of the Supreme Court of the State of New York · 1914