Runk v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Charles A. Bunk, as substituted trustee, etc., from an' order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the. 8th day of April, 1910, denying the petitioner’s motion for a writ of mandamus.
1Opinion of the Court
McLaughlin, J.:
In December, 1904, the appellant was, by an order of the Supreme Court, appointed a substituted trustee under the last will' arid testament and codicil thereof of Annie Joy, deceased. On the 9th of March, 1910, he presented to the Surrogate’s Court of the county of New York a petition in due form praying that his account be judicially settled and that a citation to attend the settlement issue to the persons interested therein. The respondent, who presided in that part of the Surrogate’s Court to which the petition. *790was presented, refused to issue a citation on the ground that…
2Cases cited9 opinions
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Crane v. . BennettNew York Court of Appeals · 1904
- Royce v. . AdamsNew York Court of Appeals · 1890
- In re LeavittAppellate Division of the Supreme Court of the State of New York · 1909
- In re HazardNew York Supreme Court · 1889
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3Cited by2 opinions
- Leighty v. TichenorAppellate Division of the Supreme Court of the State of New York · 1916
- Leighty v. TichenorAppellate Division of the Supreme Court of the State of New York · 1916