Estate of Soutter v. Porter
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 22,1887, which affirmed an order of the Surrogate of the county of Hew York-denying the application of the Duchess D’Auxy, legatee, etc. The nature of the application and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 22,1887, which affirmed an order of the Surrogate of the county of Hew York-denying the application of the Duchess D’Auxy, legatee, etc. The nature of the application and the material facts are stated in the opinion. A surrogate’s decree is conclusive only as to the matters submitted to him for adjudication, and the appellant was entitled to a further accounting as to matters not embraced therein. (Pres't, etc., Bk. of P. v. Hasbrouck, 6 N. Y. 221, 222; Code, §§ 2689, 2690, 2742, 2814,…
1Opinion of the CourtEarl, J.
James T. Soutter died February, 1873, leaving a last will and testament in which Agnes Gr. Soutter and William K. Soutter, his son, were appointed executors. The will'was admitted to probate and both executors qualified as such. In that will, among other dispositions of his property, the testator gave his son Eobert Soutter one-tenth thereof. Thereafter in July, 1873, Eobert Soutter died leaving a last will and testament in which he appointed the respondent, Timothy H. Porter, his executor. That will was admitted to probate and Porter qualified as executor. In it the testator bequeathed…
2Cases cited1 opinion
- Brown v. BrownNew York Supreme Court · 1869
3Cited by10 opinions
- Newton, Admx. v. HuntIndiana Court of Appeals · 1952
- McGahan v. National Bank of LogansportIndiana Court of Appeals · 1972
- In re the Estate of SeitzNew York Surrogate's Court · 1933
- In re the Estate of LewinNew York Surrogate's Court · 1963
- Richardson v. MartinLouisiana Court of Appeal · 1939
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