In re Espie
New York Surrogate's Court
This was an application, in the matter of the estate of James Espié, deceased, to vacate a decree filed 29th December, 1875, on a final accounting of the administrator. The decree in question though filed and acted upon, seems not to have been signed by the late Surrogate Hutchings, but was signed by the present Surrogate, as ii completion of the unfinished record of his predecessor.
1Opinion of the Court
The Surrogate.
The reason for this motion arose out of the fact that the subsequent signature of the present Surrogate was adjudged invalid, and the decree therefore a nullity, and being so, I am not able to appreciate the necessity, or propriety of vacating what seems to have been adjudged by a judge of the Supreme Court at Chambers, to be no decree; much less would it seem proper for me to pass a decree of final accounting, without the parties being before me, and the auditor’s report being confirmed; for if the proceedings of the late Surrogate are void, I should not feel at liberty to…
2Cited by2 opinions
- In re the Estate of WinslowNew York Surrogate's Court · 1895
- In re MartinhoffNew York Surrogate's Court · 1880