Legal Opinion

In re the Intermediate Judicial Settlement of the Account of Hoysradt

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1919PublishedCited by 2 opinions

Appeal by the American Tract Society and others, legatees, from a decree of the Surrogate’s Court of the county of Dutchess, entered in the office of said Surrogate’s Court on the 1st day of March, 1918.

1Opinion of the Court

Jenks, P. J.:

After the lapse of almost two years the temporary administrator has obtained a decree of his intermediate accounting. He was the sole petitioner therefor, none supported him, and of the five legatees who appeared upon citation, three opposed the petition. The temporary administrator had no absolute right to an intermediate accounting, although the Surrogate’s Court could order him to account at any time.

We perceive no reason why this petition should have been granted. The precise and controlling word of the term “ temporary administrator ” is “ temporary,” in that his powers are…

2Cases cited1 opinion

  1. Riegelman v. RiegelmanNew York Surrogate's Court · 1880

3Cited by2 opinions

  1. In re the Estate of LevineNew York Surrogate's Court · 1936
  2. In re MarshallNew York Supreme Court · 2006

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