Matter of the Estate of Halsey
New York Court of Appeals
These were appeals from various orders of the General Term of the Supreme Court, in the first judicial department, made January 17, 1883. Maria Halsey, as the widow and residuary legatee of William Halsey, deceased, presented a petition to the surrogate of the city and county of Hew York, praying that William Halsey, Jr., the executor of said decedent, be required to settle his accounts and pay over.to the petitioner the amount to which she is entitled as such legatee ; also…
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These were appeals from various orders of the General Term of the Supreme Court, in the first judicial department, made January 17, 1883. Maria Halsey, as the widow and residuary legatee of William Halsey, deceased, presented a petition to the surrogate of the city and county of Hew York, praying that William Halsey, Jr., the executor of said decedent, be required to settle his accounts and pay over.to the petitioner the amount to which she is entitled as such legatee ; also that he revoked his letters testamentary as said executor, on the ground that he is not and was not, at the time of the…
1Opinion of the CourtFinch, J.
The appeals taken by Mrs. Ingersoll must be dismissed. The order of the surrogate, denying her application to intervene in the proceeding before him, and that of the Special Term, refusing- to stay such proceeding, were each in the discretion of the court, and involved no substantial right.
The surrogate’s order of April 5, 1882, denying the executor’s motion for a resettlement of the order of March 2, is also not appealable. The surrogate had a right to determine the form of his own order. What he intended to decide was for him to say, and not for an appellate court to dictate.
As it respects…
2Cited by3 opinions
- In Re the Estate of GilbertNew York Court of Appeals · 1887
- In Re the Estate of HoodNew York Court of Appeals · 1887
- Cramp v. DadyAppellate Division of the Supreme Court of the State of New York · 1912