Matter of Estate of Straut
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 23, 1888, which affirmed an order of the surrogate of the county of New York denying an application for an accounting.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 23, 1888, which affirmed an order of the surrogate of the county of New York denying an application for an accounting. In December, 1887, Francis M. Hopper presented his verified petition to the surrogate of the county of New York, in which he alleged that Jacob Straut, late of the city of Hew York, died on the 6th day of April, 1857, leaving a last will and testament which was duly approved and admitted to probate on the 9th day of September thereafter; that in the will Edward J.…
1Opinion of the CourtEarl, J.
Hotliing was presented to the surrogate but the petition and answer, and upon them he was asked to make his decision. The petitioner offered no proof and asked for no time that he might introduce proof: The order of the surro-
gate recites that it was made upon the petition and answer, after hearing counsel for the petitioner and for Snider. Under such circumstances, it is not entirely plain what facts we have before us, or what facts must be assumed to be true. The material allegations of the petition, so far as they show any legal liability of Snider to account as executor of Edward J.…
2Cases cited3 opinions
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- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
- Jackson v. TallmadgeNew York Court of Appeals · 1927
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