In re the Final Judicial Settlement of the Account of Proceedings of Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry O. Smith, as executor, etc., of Pliosbe De Saxe,, deceased, from an order of tire 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 22d day of April, 1907, granting the respondent’s motion to vacate a prior order for the settlement of the executor’s account.
1Opinion of the Court
McLaughlin, J.:
The executor under the last will and testament of Phoebe' Dé Saxe applied to and obtained from the Special Term'of this court an order directing all ¡versons interested in the. estate, either as legatees, creditors or otherwise, to appear before one of the justices of this court sitting iú Special Term, at a time and -place stated, to attend a final judicial settlement of his accounts as executor. *200Thereafter a' residuary legatee ' upon notice,; moved upon petition and an - affidavit that the order be vacated. The motion was granted and the executor appeals.
There is no doubt,…
2Cases cited6 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Haddow v. . LundyNew York Court of Appeals · 1874
- Citizens' Central National Bank v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lawrence v. . LittlefieldNew York Court of Appeals · 1915
- Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910
- Noll v. RuprechtAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of JamesNew York Surrogate's Court · 1940
- Bankers Surety Co. v. . MeyerNew York Court of Appeals · 1912
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