In Re the Judicial Settlement of the Accounts of Rutledge
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made February 3, 1899, affirming a decree of the Surrogate’s Court of Ontario county settling the accounts of Harriet Rutledge, as executrix of the last- will and testament of Walter Heard, deceased. The nature of the proceeding and 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 fourth judicial department, made February 3, 1899, affirming a decree of the Surrogate’s Court of Ontario county settling the accounts of Harriet Rutledge, as executrix of the last- will and testament of Walter Heard, deceased. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The surrogate erred in refusing to credit executrix with her legal commissions, as fixed by section 2730 of the Code of Civil Procedure. (Cook v. Lowry, 95 N. Y. 103 : Story’s Eq. Juris. § 1272; Roosevelt…
1Opinion of the CourtGray, J.
Hpon the accounting of this executrix, objections were filed and a hearing had before the surrogate, who rendered his decision with findings of fact and conclusions of law; upon which a final decree,, of the Surrogate’s Court for the county of Ontario, was duly entered, which judicially stated and settled the account. Hpon ajppeal, the decision was unanimously affirmed by the Appellate Division, in the fourth department, and appeals were taken by- the executrix and by other parties interested in the estate, and in its distribution, to this court.
I think no error has been presented, which, in…
2Cases cited2 opinions
- Stevens v. . MelcherNew York Court of Appeals · 1897
- In re Judicial Settlement of the Accounts of Proceedings of Curtiss & de BillierAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by37 opinions
- Munro v. . State of New YorkNew York Court of Appeals · 1918
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- In Re the Accounting of HiddenNew York Court of Appeals · 1926
- In re the Judicial Settlement of the Account of Proceedings of IngersollAppellate Division of the Supreme Court of the State of New York · 1904
- Carter v. OsterMissouri Court of Appeals · 1908
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