Seaman v. . Whitehead
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of the surrogate of the county of Dutchess, so far as the same denied a motion on the part of the appellants for an order setting aside that portion of the decree of said surrogate, made upon the final accounting of said appellants as executors of the will of John B. Seaman, deceased, which directed- said executors to pay to the respondent, their attorney, the…
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of the surrogate of the county of Dutchess, so far as the same denied a motion on the part of the appellants for an order setting aside that portion of the decree of said surrogate, made upon the final accounting of said appellants as executors of the will of John B. Seaman, deceased, which directed- said executors to pay to the respondent, their attorney, the sum of $1,000 for his services. The statute authorizes an allowance to an executor and not to his counsel as against him.…
1Opinion of the CourtMiller, J.
The decree of the surrogate directed the appellants to pay to the respondent the sum named therein as an allowance to Mm for his services to the executors and his disbursements. This allowance was in favor of the attorney as against his clients, and it is at least very questionable whether any time to appeal begins to run against such an order.
The question arising in such a case relates to tne jurisdiction of the surrogate and could properly be raised by a motion to set aside the order upon that ground. If void, it should have been vacated for that reason, and an appeal lies from an order…
2Cases cited9 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Kamp v. . KampNew York Court of Appeals · 1874
- Bevan v. . CooperNew York Court of Appeals · 1878
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Devin v. . PatchinNew York Court of Appeals · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re the Settlement of the Estate of WellingAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Account of LydonAppellate Division of the Supreme Court of the State of New York · 1923
- Jackson v. Leech's EstateMichigan Supreme Court · 1897
- In re O'BrienNew York Surrogate's Court · 1893
- In re the Judicial Settlement of the Account of KreidlerNew York Surrogate's Court · 1910
16 more not listed; retrieve them via the Exa API.