In Re the Application for the Removal of Humfreville
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 2, 1897, which affirmed an order of the Surrogate’s Court of the city and county of ¡New York adjudging the appellant guilty of a contempt of court. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 2, 1897, which affirmed an order of the Surrogate’s Court of the city and county of ¡New York adjudging the appellant guilty of a contempt of court. The facts, so far as material, are stated in the opinion. The surrogate had no power to direct the imprisonment of the appellant for the lion-payment of costs and disbursements, as awarded by the Appellate Division of the Supreme Court. (Sherwin v. People, 100 N. Y. 358; Code Civ. Pro. §§ 2, 14, 16, 1991, 2007, 2481; Watson v. Nelson,…
1Opinion of the CourtO’Brien, J.
The only question involved in this appeal is the power of the Surrogate’s Court to enforce a decree for the payment of costs by imprisonment. It appears that upon an application to remove the appellant, J. Lee Humfreville, from the office of executor and testamentary trustee under the will of Mary J. Havemeyer, deceased, the surrogate of Yew York, on the 5th day of May, 1896, entered a decree revoking the letters testamentary issued to the appellant, as executor and trustee, and removing him from office. The decree further directed that the appellant pay to the petitioners in the proceeding,…
2Cases cited1 opinion
- In the Matter of DissoswayNew York Court of Appeals · 1883
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- Saffier v. HaftAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Account of MonellNew York Surrogate's Court · 1899
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