In re the Final Judicial Settlement of Account of Proceedings of Hull
Appellate Division of the Supreme Court of the State of New York
Separate appeals by James Hull, as executor of the last will and testament of Mary Emily Hull, deceased, and by Helen Max-Well Williams, from portions of a decree of the Surrogate’s Court of Fulton county, entered in said Surrogate’s Court on the 26th day of December, 1903, confirming the report of a referee theretofore appointed in the proceeding, and judicially settling the accounts of -the said executor.
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Separate appeals by James Hull, as executor of the last will and testament of Mary Emily Hull, deceased, and by Helen Max-Well Williams, from portions of a decree of the Surrogate’s Court of Fulton county, entered in said Surrogate’s Court on the 26th day of December, 1903, confirming the report of a referee theretofore appointed in the proceeding, and judicially settling the accounts of -the said executor. The proceeding is in the matter of the judicial settlement of the accounts of James Hull, as executor, etc., of the last will and testament of Mary Emily Hull, deceased. Upon the…
1Opinion of the Court
Smith, J.:
At the threshold of this discussion it is necessary to determine the extent of the surrogate’s jurisdiction. Assuming to account as executor of Mary Emily Hull under her will this executor has been compelled to account for the moneys which she received as administratrix of the estate of Harry Maxwell Bushby. The objection first raised upon this appeal is that any claim this contestant had against the estate of Mary Emily Hull by reason of moneys received by her as such administratrix is a claim that should be adjusted by action brought in another court, the determination of which is…
2Cases cited8 opinions
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Phoenix v. . LivingstonNew York Court of Appeals · 1886
- In Re the Accounting of HicksNew York Court of Appeals · 1902
- Earl v. GrimNew York Court of Chancery · 1815
- Fowler v. HebbardAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by4 opinions
- In re the Intermediate Judicial Settlement of the Accounts of SanfordNew York Surrogate's Court · 1928
- In re the Estate of PhelpsNew York Surrogate's Court · 1966
- In re Crofoot's WillNew York Surrogate's Court · 1912
- In re the Estate of CedarNew York Surrogate's Court · 1982