In Re the Judicial Settlement of the Account of Randall
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered January 14, 1895, which affirmed a decree of the Surrogate’s Court of Washington county.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered January 14, 1895, which affirmed a decree of the Surrogate’s Court of Washington county. On the 26th of April, 1890, Harvey Randall, of the county of Washington, died intestate, leaving as liis next of kin two brothers, one of whom, Caleb Randall, was well acquainted with the affairs of the decedent, and five sisters, two of whom, Jane and Sarah Randall, had resided in Michigan for a long time and knew but little about the property left by their deceased brother. He left an estate…
1Opinion of the CourtVann, J.
The question presented by this appeal involves the power of a Surrogate’s Court, upon the final settlement of the accounts of an administrator, to set aside or treat as invalid a written assignment, valid upon its face and made for a good consideration, whereby one of the next of kin assigned to him, as an individual, a distributive share in the estate.
This question, which was not passed upon by the learned General Term, has led to some difference of opinion in the courts. Those who defend the jurisdiction of the Surrogate’s Court rely upon section 2472 of the Code of Civil Procedure, which…
2Cases cited11 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Sanders v. . SoutterNew York Court of Appeals · 1891
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Hull v. . HullNew York Court of Appeals · 1919
- In Re the Accounting of ThompsonNew York Court of Appeals · 1906
- In Re the Accounting of United States Trust Co.New York Court of Appeals · 1903
- In Re the Judicial Settlement of Accounts of BoltonNew York Court of Appeals · 1899
- Matter of RobertsNew York Court of Appeals · 1915
40 more not listed; retrieve them via the Exa API.