Legal Opinion

People ex rel. Sackett v. Woodbury

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

Decided March 15, 1902PublishedCited by 1 opinion

Appeal by the relator, Judson Saekett, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Chautauqua on the 8tli day of July, 1901, denying the relator’s application for a peremptory writ of mandamus requiring the surrogate of Chautauqua county to issue an execution to enforce the payment of a sum of money in accordance with a decree of the Surrogate’s Court of said county.

1Opinion of the Court

Spring, J.:

On the 30th day of June, 1894, in proceedings for the judicial settlement of. the account of Van Burén Saekett, as administrator of the goods, etc., of Jacyntha Saekett, deceased, a decree was entered in the‘Surrogate’s Court of Chautauqua county finally settling his account, and directing that said administrator pay to the relator Judson Saekett, $498.60, his distributive share as one of the next of kin of said deceased. Said decree further ordered that, in case said payment could not be made - to said Judson Saekett, the same be paid into the Surrogate’s Court of said county. In…

2Cases cited5 opinions

  1. People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
  2. Garlock v. . VandevortNew York Court of Appeals · 1891
  3. Townsend v. . WhitneyNew York Court of Appeals · 1878
  4. People ex rel Woodward v. RosendaleNew York Supreme Court · 1894
  5. Baldwin v. SmithNew York Supreme Court · 1895

3Cited by1 opinion

  1. In re the Estate of TownshendNew York Surrogate's Court · 1935

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