Clowes v. Van Antwerp
New York Supreme Court
In Eq.uity. This was an appeal from a decree of the surrogate of the county of Albany. The appellant had been the general guardian of Martha N. Wiswall, (now Mrs. Van Antwerp,) and was cited to render an account of his guardianship before the surrogate of Albany, on the 10th of April, 1841. It appeared that the guardian had received a legacy belonging to his ward, amounting to $567,38. And in addition to the commissions on the same, and the expenses attending the transaction…
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In Eq.uity. This was an appeal from a decree of the surrogate of the county of Albany. The appellant had been the general guardian of Martha N. Wiswall, (now Mrs. Van Antwerp,) and was cited to render an account of his guardianship before the surrogate of Albany, on the 10th of April, 1841. It appeared that the guardian had received a legacy belonging to his ward, amounting to $567,38. And in addition to the commissions on the same, and the expenses attending the transaction of the business, the account of the guardian contained a charge of $150 for solicitor’s and counsel fees, including…
1Opinion of the Court
By the Court, Parker, J.
It is claimed, on the part ot the appellant, that the surrogate erred in refusing an adjournment. It appears by the return that after it was announced that the appellant’s claim for $150 would be controverted, an adjournment was had by consent of parties from the 18th of May, 1841, and that the accounting was subsequently adjourned, by stipulation, till the 7th of June, 1841, when the appellant proceeded to introduce witnesses in support of his claim. Afterwards the appellant applied for an adjournment, which was objected to by the respondent and refused by the…
2Cases cited1 opinion
- Hess v. BeekmanNew York Supreme Court · 1814
3Cited by7 opinions
- Groshon v. LyonNew York Supreme Court · 1853
- In re Account of GrantAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Accounts of TyndallNew York Surrogate's Court · 1905
- Morgan v. MorganNew York Supreme Court · 1863
- In re GrantAppellate Division of the Supreme Court of the State of New York · 1900
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